
Class. 



ifyZ 



DELAWARE OYSTER SURVEY 
COMMISSION 

1909 - 1912 



REPORT OF COMMISSION 

BY 

Members of Commission 

Governor SIMEON S. PENNEWILL 

Senator ALVIN B. CONNER 

Senator JOHN W. SHELDRAKE 

Representative WALLER DONOHO 

Representative ALFRED L. AINSCOW 



REPORT OF SURVEY 

By CHARLES YATES 

U. S. Coast and Geodetic Survey 

Consulting Engineer of Commission 



KING BROTHERS, BALTIMORE, MD. 



DELAWARE OYSTER SURVEY 
COMMISSION 

1909-1912 



REPORT OF COMMISSION 

BY 

Members of Commission 

Governor SIMEON S. PENNEWILL 

Senator ALVIN B. CONNER 

Senator JOHN W. SHELDRAKE 

Representative WALLER DONOHO 

Representative ALFRED L. AINSCOW 



REPORT OF SURVEY 

By CHARLES YATES 

U. S. Coast and Geodetic Survey 

Consulting Engineer of Commission 



KING BROTHERS, BALTIMORE, MO. 



v 5 -^ 



0, OF I. 

m 5 1918 



CONTENTS. 



TACK 

Chart of Leased < >ysteb Bottoms follows 108 

Report of Commission 5 

Text of Act Creating Commission and Providing for Survey 

Amendments Providing for Codification of Oyster Laws 6 

Organization of Commission 6 

Co-operation of U. S. Coast and Geodetic Survey C> 

Co-operation of I*. S. Bureau of Fisheries 7 

Amendments to the Oyster Laws of the State Recommended by the Com- 
mission and Adopted by the General Assembly of 1911 8 

Increase in State Revenues Due to Survey of Leased Oyster Bottoms.. 10 

Recommendations 10 

Laws of the State of Delaware Relating to Oysters 12 

Index 12 

Text of Laws 17 

Report of Survey of Leased Oyster Bottoms 51 

Introduction 51 

Explanation ">1 

General Statement of Work 53 

Appreciation 56 

Triangulation 59 

Explanation 39 

Geographic Positions of Triangulation Stations 60 

Description of Location of Triangulation Stations 60 

Boundaries of Leased Oyster Bottoms t; ( .i 

Explanation 69 

Surveying Methods for Re-location of Boundaries 70 

Method of Describing Boundaries 7.'! 

Boundaries Located in 1911 and 1012 74 

Description of Boundaries under Lease on July 1. 1910 74 



REPORT OF COMMISSION 



To flic Governor and General Assembly of the State of Delaware:— 

By an Act of the General Assembly, approved April 5, L909, being- 
Chapter 131,, Vol. 25, Laws of Delaware, this Commission was created 
for the purpose of resurveying and plotting the oyster grounds of Dela- 
ware Bay, the language of the Statute being as follows: 



TEXT OF ACT CREATING COMMISSION AND PROVIDING FOR SURVEY. 

Section 1. That a Commission is hereby created and established consisting of 
Governor Simeon S. Pennewill, Senator Alvin B. Conner, Senator John W. Shel- 
drake. Representative Waller Donoho and Representative Alfred L. Ainscow, for 
the purpose of caring for the oyster interests in this State as hereinafter pro- 
vided. Said Commission shall organize by the election of a President and 
Secretary, and the acts of a majority shall be valid and binding as the acts of 
said Commission. 

Section ,?. It shall be the duty of said Commission and it is hereby authorized 
and directed to arrange for and superintend a survey of the oyster grounds of 
the Delaware Bay and the marking of the boundaries thereof, and to cause 
a sub-division of said grounds to be made into tracts or plots suitable for 
leasing purposes. The said Commission may employ a surveyor or surveyors 
and such assistants as may be necessary for the purposes of making and com- 
pleting said survey and plot. 

.section .?. The sum of Five Thousand Dollars or so much thereof as may be 
necessary is hereby appropriated for the purposes provided in this Act. and 
the State Treasurer is directed to pay all bills incurred by said Commission in 
carrying out the provisions of this Act upon orders drawn upon him signed 
by the President and Secretary of said Commission. 

Section '/. The members of said Commission shall each be allowed the sum 
of Four Dollars per day for the actual time in which they shall lie engaged 
in the duties imposed by this Act. together with necessary expenses. 



I > REPORT OF COMMISSION. 

AMENDMENTS PROVIDING FOR CODIFICATION OF OYSTER LAWS. 

By an Act of the General Assembly, approved March 29, 1911, being 
Chapter 153, Volume 26, Laws of Delaware, the following additional 
sections were added to the original Act, to wit : 

Section ■'>. It shall be the duty of the said Commission to publish with its 
report a copy of the Chart of the Survey and a carefully prepared codification 
of the oyster laws of the State. 

Section 6. The sum of Five Hundred Dollars or so much thereof as may be 
necessary, is hereby appropriated for the purpose of enabling the Commission 
to carry out tbe provisions of the preceding Section. 

ORGANIZATION OF COMMISSION. 

In accordance with the provisions of the Act, the Commission at its 
first meeting held in the spring of 1909, was organized by electing 
Governor Simeon S. Pennewill as President and Senator Alvin B. 
( 'onner as Secretary. 

The Commission was authorized by Section 2 of the said Act to 
employ a "surveyor or surveyors and such assistants as might be neces- 
sary for the purpose of making and completing said survey and plot," 
and after investigating this subject, it was decided that it would be 
desirable to have the engineering work done under the supervision of 
some government officer familiar with the surveying of oyster bottoms, 
if it were possible to make such an arrangement. 

CO-OPERATION OF U. S. COAST AtfD GEODETIC SURVEY. 

Through the efforts of Congressman Heald, and the courtesy of Hon. 
Charles Nagel, Secretary of the Department of Commerce and Labor, 
and Superintendent O. H. Tittmann of the Coast and Geodetic Survey, 
we were able to secure the services of Captain Charles C. Yates as 
Consulting Engineer for this work. The Government, at such times as 
was necessary, granted to Captain Yates a leave of absence without pay, 
in order that he might do this work, and the Commission only paid for 
his services such a sum per diem as he would have received from the 
Government if he had not been granted such a leave. In this way the 
best service was secured at the least possible expense. Indeed, without 
the assistance thus received, the work could not have been done within 
the appropriation made. 



REPORT OF COMMISSION. t 

Before the work of surveying was begun the lessees of the oyster beds 
were notified by the Consulting Engineer that such a survey was about 
to be made and that they should fix stakes showing exactly the bottoms 
covered by their respective oyster plantations. This gave them an 
opportunity to protect all the oyster bottoms claimed by them, and at 
the same time compelled them to pay for all the area they occupied. 
The lease-holders were permitted to do this regardless of the shape and 
size of the particular tract occupied. 

Captain Yates* has made a separate and very interesting report 
which together with the "Chart of the Leased Oyster Bottoms," pre- 
pared under his discretion, form a part of this document. 



CO-OPERATION OF IT. S. BUREAU OF FISHERIES. 

By a fortunate combination of circumstances the Commission was 
able to secure the co-operation of Dr. H. F. Moore* of the Bureau of 
Fisheries in making a complete survey of the natural beds of the State, 
although this was not a part of the duties imposed by the Act creating 
the Commission. 

This work of Dr. Moore's is a very valuable contribution to the oyster 
industry of Delaware, and is greatly appreciated by the Commission. 
Dr. Moore's report together with a map of the natural oyster beds has 
been published by the TJ. S. Bureau of Fisheries, and can be obtained 
from that branch of the government service. f 

*Cot>cnrreni Resolution Thanking Captain Yates and I>r. Moore for Their 
Services to the Delaware Oyster Survey Commission. 
Whereas, Captain C. C. Yates, of the U. S. Coast and Goedetic Survey, and 

Dr. Moore, of the I'. S. Bureau (if Fisheries, have rendered very valuable service 
to the Delaware Oyster Survey Commission, now therefore:' 

Be it Resolved by the Senate of the State of Delaware, the House of Repre- 
sentatives concurring therein : 

That a note of thanks be given to Captain Yates and Dr. Moore for the 
services they have performed to the State of Delaware, in successfully carrying 
out the work of the Delaware Oyster Survey Commission. 

And l>< it further Resolved, That a copy of this Resolution be sent to Captain 
Yates and Dr. Moore. 



-j-This publication is entitled "Condition and Extent of the Natural Oyster 
Reds of Delaware by H. F. Moore, U. S. Bureau of Fisheries". 



8 REPORT OF COMMISSION. 

AMENDMENTS TO THE OYSTER LAWS OF THE STATE RECOMMENDED BY 

THE COMMISSION AND ADOPTED BY THE GENERAL 

ASSEMBLY OF 1911. 

The Commission, in order that its work might be made effective, 
recommended to the last General Assembly certain legislation which 
was enacted. That law, approved April 13, 1911, is Chapter L54, 
Volume 26, Laws of Delaware, and reads as follows: 

Whereas, by an Act of the General Assembly, approved April fifth, 1909, a 
Conimission was (-rented for the purpose of having a survey made of the Oyster 
Grounds of the Delaware Ray. 

And Whereas the said survey was completed on the first day of July. 1910, 
and a chart made of the bottom covered by the existing leases. 

And Whereas, in order that the said survey and chart may be made effective 
and of value to the Oyster Industry, therefore, 

Be it enacted by the Senate ami House of Representatives of the State of 
Delaware in General Assembly met: 

Section 1. That the survey and chart made under the direction of the Commis- 
sion created by Act of the General Assembly, approved April fifth, 1909, which 
chart bears date of the first day of July. 11)10. he. and the same is hereby made 
the official chart of the survey of the Oyster Grounds of the Delaware Bay, 
including bottoms occupied on the dale aforesaid; and all new licenses issued 
by the Oyster Revenue Collector shall be issued and prepared in accordance 
with said official chart. 

Section 2. That hereafter no permanent lease for bottom within the boundaries 
described in Section 12. Chapter <;.*.",. Volume 19. Laws of Delaware, as the 
same has been or may hereafter be amended, shall he granted, nor shall a 
license be isued, unless the boundaries of the same are laid out and established 
and clearly marked on the official chart. When application is made for a license, 
however, the Oyster Revenue Collector shall issue a temporary license which 
shall give the licensee the same rights as a permanent license, but said temporary 
license shall be good only until a survey of said leased bottom can be made as 
hereinafter provided. Such temporary license shall be based upon approximate 
location of new bottom as marked out on the official chart. 

Section .?. For the purpose of keeping the official chart up to date, the 
Oyster Revenue Collector shall in the month of June. July or August, of the 
year 1911, cause a survey to be made of all portions of the bottom leased since 
July the first. 1910, and shall cause the location of the same to be marked on 
the official chart, together witli the date of such revision of the official chart: 
and a like survey of all new portions of the bottom leased since the day of 
the revision of the official chart shall he made in the month of June, July or 
August of each and every year, and a like revision shall be made in the official 
chart. 



REPORT <>F COMMISSION. 



II 



Section ',. The Oyster Revenue Collector shall charge in addition to the fees 
now provided by law, the sum of two dollars and fifty cents for each corner 
necessarily made in marking out the plot of new portions of the bottom desired 
to be leased, and the sum so charged by him shall be used in paying the expenses 
of the surveys provided for in the preceding section. 

Section ■',. The Oyster Revenue Collector, for the purpose of assisting the 
making of any additional surveys, shall keep and maintain the survey monu- 
ments, signal towers, etc., established in the survey of 1910, above referred to. 
and any person who shall wilfully injure or destroy any of such monuments 
or towers or other property used for the purpose aforesaid shall be guilty of a 
misdemeanor and shall be punished by a tine or imprisonment within the dis- 
cretion of the Court. 

Section 6. That no future lease, or modification of any existing lease result- 
in? from the survey of 1910, shall be granted for oyster bottoms the boundaries 
of which are so placed that the adjacent "turn rows" will be greater than 
twenty yards, if the adjacent vacant space remaining for licensing he less than 
two hundred and fifty yards. 

Section 7. The Oyster Revenue Collector shall keep and maintain the official 
chart and shall permit (be same to be examined and copied by any person upon 
request. He shall also keep a book in which shall lie recorded the leases made 
by him. 

Section 8. If a person holding a license which is about to expire, desires the 
bottom occupied by him. licensed to another person, the Oyster Revenue Collector 
may compel that the shape and location of such bottom lie changed, so far as 
may be practicable, to comply witli Section Six of this Act. Any license granted 
may be transferred by the licensee to any other person, provided the same shall 
not become effective until approved by the Oyster Revenue Collector: and pro- 
vided further that the said Oyster Revenue Collector shall have the same 
authority to compel a change in the shape and location of the bottom as in 
this section hereinbefore provided. 

Section 9. That in addition to the rental for Oyster Bottoms and for tonnage 
the tax now provided for under existing law. on and after the first day of 
April next there shall he an additional annual tax of one dollar for each and 
every corner more than four in number of plots of bottom licensed as afore- 
said for any one oyster plantation held by one lessee, which said sum shall be 
paid to the Oyster Revenue Collector, provided that two or more plantations 
held by one lessee, which are not separated at their nearest point by a distance 
of two hundred and fifty yards shall be considered as one lot in fixing the tax 
on corners. 



10 REPORT OF COMMISSION. 

ENCREASE IX STATE REVENUES DUE TO SURVEY OF LEASED 
OYSTER BOTTOMS. 

The survey of the leased oyster bottoms showed a great number of 
acres occupied by oyster planters upon which no license or other rental 
had been paid. After a complete survey was made and the amendments 
above quoted were passed the status of every lessee became fixed and 
therein- much improved. The published "Chart of Leased Oyster 
Bottoms" which was distributed by the Commission, free of charge, to 
all interested in oyster culture showed much valuable ground that was 
not leased, and this led to a considerable increase in the area and 
number of oyster plantations. All these circumstances combined caused 
a decided increase in State oyster revenues which is clearly brought out 
by the interesting figures furnished by the State Auditor who states 
that the ''collections, expense and net amounts paid into State Treasury 
for the past six years" were as follows : 

Year. Collected. Expense. Paid State Treasurer. 

1907 0.053.00 1.133.47 5,819.53 

1908 0.759.00 1.004.93 5,094.57 

1000 0,032.00 1.435.57 5.100.43 

1010 6,104.50 867.16 5.237.34 

1011 0,(100.50 1.070.73 7.037.77 

1012 11,550.00 1.0SS.40 9,570.60 



This shows a comparatively large increase in the year 1012 over any 
year previous to the completion of the survey in 1910. As Captain 
Yates said at the last meeting of the Commission, "figuring on a five 
per cent, basis, the State of Delaware by means of the 'oyster survey' 
has increased the 'going valuation of her oyster properties about $80,000 
which is a very good return for the less fJnut $5,000 invested in the 
work/' 



RECOMMENDATIONS. 

The work of this Commission is finished, but we believe that there 
are yet great opportunities of further improving the oyster industry of 
Delaware, and at the same time increasing the revenue to the State; and 
we think the General Assembly would be justified in providing for a 
permanent, non-partisan Commission, to be appointed by the Governor, 
at a nominal salary, to carry out the work which has been started by 



REPORT OF COMMISSION. 11 

our Commission, and to make the most of the opportunity furnished by 
the oyster resources of our State. 

And if such Commission should be provided for, it might be well to 
consider whether the Oyster Revenue Collector should not be appointed 
by such Commission, and be under its supervision so that its plans could 
be more effectively carried out. 

Simeon S. Pennewill, 

President, 

Alvin B. Conner. 

Secretary, 

John W. Sheldrake, 
Waller Donoiio, 
Alfred L. Ainscow. 



LAWS OF THE STATE OF DELAWARE 
RELATING TO OYSTERS. 



Compiled by Daniel O. Hastings, 

Attorney at Law, 
Wilming t o n , Delaw are . 



INDEX. 

(Note: See pages 17 to 50 for text of laws.) 

Section 1. Unlawful to take oysters in Delaware Bay or River' without 
license. Penalty. Oyster Revenue Collector. Bailee of oysters on certain hay 
and river bottom. 

Section :. ; . Unlawful to plant oysters within certain limits except as provided. 

Section 3. Citizens may appropriate portions of bottom of Ray described in 
Section 2 for oyster planting. Grounds how marked. Property in oysters. 
Licenses. Fees. 

Section '/. Taking oysters from plantation of another, larceny. Penalty. 
Fines, how applied. 

Section -I. Violation of Section 2 a misdemeanor. Penalty. 

Section 6. Complaint charging violation. Duty of Justice of the Peace. 

Section 7. Offenders committed. Seizure of boat. 

Section 8. Proceeds of sale of boat how applied. Appeal. Duty of Attorney 
General. 

Section 9. Plantation owners and deputies may arrest. 

Section It). Certain oyster plantations and oysters thereon property of plant- 
ers. Rental. Tonnage fees. Forfeiture of rights by non-payment of tax. 
Plantations and boats numbered. Vessels dredging on natural beds, how 
designated. 



LAWS RELATING TO OYSTERS. l-> 

Section 11. Other plantations. Within what limits. How Marked. Oyster 
property. Planter licenses. Fees. Privileges of Sections 10 and 11 do not 
extend to natural oyster beds. 

Keel ioii 12. Natural oyster beds to be dredged only by citizens. Right how 
obtained. Collector to issue certificate. License how obtained, how forfeited. 
fees for. Licensed planters not required to take out license to dredge on 
natural beds. Certificate necessary. Crew of dredge boat. Dredge bags regu- 
lated. 

Section 13. Owner's consent necessary to take oysters from plantation. 

Section /'/. Dredging on natural oyster beds, license necessary. In what 
months, not after sunset, before sunrise, or on Sunday. Planter may not dredge 
from plantation in July or August. Oyster boats may not remain on beds after 
sunset. 

Section !■">. Signal for beginning or retiring from work. Signal flag. Fail- 
ure to get signal no excuse for remaining on beds. Duty of watch boat. 

Section IG. Violations of Sections 12, 13 and 14 how punished. Jurisdiction 
of Justice of the Peace. 

Section 17. Certain maneuvers of vessel and crew conclusive evidence of 
dredging. Working boat with dredges overboard on plantation of another, 
evidence of dredging without owner's consent. 

Section IS. Watch bout, bow maintained, manned and employed. Log book. 
Crew of oyster boats shall aid watch boat to enforce law. Duty of watch boat 
captain. May seize boat violating law. Hearing, time of. postponement. Pail. 
Penalties. Fine. Seizure of boat. Sale. Application of proceeds. Persons 
discharged. Appeal, security, how tried, limitation. 

Section 19. Duty of Justice upon complaint. Warrant to Captain of Watch 
Boat. Procedure. Duty of Collector upon information of violation. Seizure 
of boat. In absence of Watch Boat Captain, person in charge to act. 

Section 20. Names of persons charged, duty of Justice. Form of proceedings 
for seizure and sale. 

Section .11. Force used by watch boat crew and persons in enforcement of 
law. Right to plead statute. 

Section 22. Resistance to crew of Watch Boat. Nature of offense. Penalties. 

Section 23. Non-residents. License to plant under Section 11. Fees. Appli- 
cation. 



14 LAWS RELATING TO OYSTERS. 

Section 2J/. License to plant and dredge allows use of one boat only. Name 
of boat in license. No right except after license issued and paid for. 

Section 25. Plantation to be restaked before May 1st. On failure, plantation 
to reveri to State. 

Section 26. New ground, notice for. Notice to other adjacent owners. Objec- 
tions. Hearing and decision by Collector. 

Section 27. No boat allowed to work except on compliance with law as to 
letter and number. Penalty for violation. 

Section 28. Dredge regulation. Penalties for violation. 

Section 29. Name of boat on stern, in what way. Penalties for violation. 

Section 30. Penalty if Captain of Watch Boat or Collector refuse or neglect 
to perform their duties. 

Section 31. Captain and crew of Watch Boat paid only for time employed. 

section ,12. Appropriation for certain roads. Road overseer to be appointed. 

Section .i.i. Watch Boat furnished with coal, wood and flag. 

Section .!'/. Justice of the Peace to have jurisdiction of violation of Sections 
13, 14 and 15. Proceedings in name of State. Fees. Fines paid to Collector. 
Procedure on Constable's bond. May employ attorney. 

Section 35. Collector of Oyster Revenue. Appointment. Residence. Term. 
Salary. Vacancy. Bond. Inability. 

Section 36. Licenses, preparation, form. 

Section 37. License fees to be paid before issuance. Penalties. 

Seel ion 38. Collector's account. Deposits. Cheques. 

Section 3!). Monies paid to State Treasurer. When. Accompanying accounts 
sworn to. Penalties for fraudulent statement of account. 

Section '/0. Annual publication of Collector's account. 

Section '//. Monies paid to State Treasurer, how applied. 



LAWS RE-LATIN G TO OYSTERS. 



L5 



Section .',2. Portion of Delaware Bay reserved for Ashing and domestic oyster 
purposes. 

Section 48. Taking oyster for planting purposes in certain rivers, etc., unlaw- 
ful. Penalties. 

Section '/'/. Taking oysters from natural oyster beds, license for, violation, 
penalty. Taking oysters from Broadkiln River, etc., regulated, license, violation, 
penalty. Catching oysters for market in Broadkiln River or Sound or Mispillion 
River. License. Violation penalties. 

Section 1,5. Unlawful to take more than twelve bushels of oysters in one 
day, and not to be sold to be transported through the mouths of Broadkiln 
River or Sound in Delaware Bay. 

Section 46. Unlawful to take oysters from Creeks or Rivers after sunset and 
before sunrise. Penalty. 

Section J t l. Dredging for oysters in Creeks and Rivers, etc.. and use of one 
bandied rakes unlawful. Penalties. Use of certain dredges and tongs in 
tributaries of Delaware Bay unlawful. Penalty. Use of power boats unlawful 
on natural beds. Penalty. 

Section 48. Taking oysters in certain Rivers and Creeks unlawful. Excep- 
tion for home consumption. Transportation from certain Rivers for planting 
or consumption, unlawful. Penalty. 

Section 4». License number. Boat number. License for one boat, to one 
person, for one year. 

Section 50. Sale of oysters from certain places to be planted in Bay. unlaw- 
ful. Penalty. 

Section 51. Rough culling in tributaries of Delaware Bay. Size of oysters 
taken. Penalties. Rough culling on natural beds in Delaware Bay. Penalty. 
Boats shall submit to inspection of guard boat. Oyster Revenue Collector to 
enforce provisions of Section. 

Section 52. Catching or selling certain oysters less than two and one-half 
inches in length, except for planting, unlawful. Penalty. 

Section 53. Citizens may appropriate one acre for planting oysters, to be 
staked. Penalty for other person to take oysters therefrom. Limitations as to 
place. 

Section 54. Violation of oyster laws a misdemeanor Penalty. Jurisdiction. 
Procedure. Appeal. Attorney General to appear for State 



i<j LAWS RELATING TO OYSTERS. 

Section 55. Planting oysters in Indian River or Rehoboth Bay by non-citizens, 
unlawful. Penalties. 

Section 56. Complaint, warrant, arrest and seizure for violations of Section 55. 

Section 57. Offenders against Section 55 committed to jail. Order for seizure 
of boat. Notice, sale, title. 

Section 58. Proceeds of sale how applied. Appeal. Bond. Attorney General 
to prosecute appeal. 

Section 59. Citizens may plant twenty acres in Indian River or Rehoboth 
Bay. Fees. Plantations bow marked. Oysters property of planter. 

Section 60. Citizens may appropriate twenty acres in Indian River or Reho- 
both Bay for oyster planting. Oyster property. Staking, plot to be filed. Fifty 
bushels to be planted on each acre within six months. Forfeiture. 

Section 61. Nature of privilege granted. Liability for -debts. Levy. Sale. 
Title. 

Section 62. Carrying away oysters of another from area so appropriated 
larceny. 

Section (i.i. Territory, (-barters and rights of certain oyster planting com- 
panies exempt from general law. 

Section (>). Commissioner of oyster planting' in Indian River and Rehoboth 
Bay to be appointed. Duties. Term. Fees. Compensation. Payments tc 
State Treasurer. 

Section 65. Oysters on certain flats of Delaware Bay protected. Penalty. 

Section 66. Measure for oysters sold in shell. Penalty. 

Section 66A. official chart of oyster grounds. Requirements for permanent 
leases. Temporary license. Annual survey. Marking fees. Preservation of 
monuments. Penally for destroying. Future leasing regulations. Maintenance 
of chart. Record of leases. Power to change shape and locations of bottom, 
when. Additional taxes. 

section 61. Terrapin eK£S protected. Penalty. 

Section 68. Terrapin in Indian River and Rehoboth Bay. Size lawful to be 
taken, bought, sold. etc. Penalty. Unlawful to use dredges. Penalty. 



LAWS RELATING TO OYSTERS. 17 

Section 69. Undersized Diamond Back Terrapin unlawful to catch or have 
in possession between March 1 and August 1 in .Sussex County. 

Section 10. Snappers, unlawful to catch or have in possession between March 
1 and July 1 in Sussex County. 

Section 11. Diamond Terrapin, taking between October 1 and July 1. pro- 
hibited. Heifer, unlawful to catch or keep under 4% inches long. Penalty. 
Private ponds exempt. 



TEXT OF LAWS. 

Section 1. Unlawful to Take Oysters in Delaware Bay or River Without 
License — Penalty — Oyster Revenue Collector — Bailee of Oysters on Certain 
Bay and River Bottom. No person, be he resident or non-resident of this 
State, shall dredge for or take and carry away any oysters growing in the 
Delaware Bay or River unless he shall have first taken out one or the other of 
the licenses provided for in Sections 3, 10. 11, 12, 23, 44, 59, 60 and 64 of 
this Chapter, and in case of the violation of this Section the offender shall be 
deemed guilty of larceny and punished accordingly. And in order to promote 
the execution of this Section, and for that purpose only, the oysters growing 
or being at any time in the said Bay or River, on bottom over three feet 
deep, at ordinary low water, and not within any plantation, shall be held and 
taken to be in the custody and may be described in any proceedings for viola- 
tion of this Section as the property of the person who at the time of prosecu- 
tion may be the Collector under Section 35 of this Chapter; which said person 
by reason of his said office of Collector shall be the Bailee of said oysters, and 
have the same kind of special property therein as Bailees have by law of prop- 
erty in their possession by bailment under contract. 
19 Del. Laws, Ch. 653, § 2. 

Section 2. Unlawful to Plant Oysters Within Certain Limits Except as 
Provided. It shall be unlawful for any person to lay out or plant oysters 
within the following limits in Delaware Bay: Beginning at the mouth of Mis- 
pillion River and running in an easterly course to "West Flats, thence South to 
Cape Henlopen, thence a Westerly course to the beach, except as in this Chapter 
provided. 

19 Del. Laws. Ch. 653, §3. 

Section 3. Citizens May Appropriate Portion of Bottom of Bay Described 
in Section 2 for Oyster Planting — Grounds how Marked — Property in 

Oysters Licenses Fees. Any person or presons who are bona fide citizens of 

the State of Delaware may. for the purpose of planting oysters and catching 
the same by means of dredges, tongs or rakes, appropriate to his or their own 
use a part of the bottom of the bay within the limits defined in Section 2 of 
this Chapter, which shall not exceed in area more than fifty acres, nor less 



18 LAWS RELATING TO OYSTERS. 

Hum twenty-five acres, which part shall he designated by him or them by 
stakes to show at least two feet above high-water mark and not to be obstructive 
to navigation or interfere with the rights of fishermen. It shall be the posses- 
sion of the planter or planters and the oysters to be deposited therein and 
their increase shall be his or their private property; but before any person 
shall avail himself of this privilege, he shall apply in writing to the Collector 
of the Oyster Revenue for a license for that purpose, and shall pay to the said 
Collector the sum of fifty cents per acre for each and every acre to be by him 
or them staked off for the purpose aforesaid, and also the sum of one dollar 
per ton (custom-house measurement) for the vessel employed in the business 
of dredging or planting, and shall also pay to the said Collector, as the fee 
or price therefor, for the privilege of dredging or tonging said oysters, five 
dollars for each and every boat and pair of tongs used in said boat, and the 
said tongs shall have painted on them a number (corresponding with said boat's 
number), and no more shall be demanded for the use of said tongs by whom- 
soever used. 

The said license shall last only one year and must be renewed by the first 
day of April of each year and the like sum be paid at the time of each renewal. 
19 Del. Laws, Ch. 653, §4. 

Section //. Taking Oysters from Plantation of Another, Larceny — Penalty — 
Fines How Applied. If any person or persons shall take or carry away from 
the plantation of another, so as aforesaid appropriated to his use, any oysters 
being within the limits thereof, without the consent of the owners thereof, 
he shall be deemed guilty of larceny and upon conviction thereof be punished 
accordingly, and it shall be no objection to a prosecution for larceny in such 
a case that the act was done openly. 

In addition to the said punishment there shall be imposed a fine of one 
hundred dollars, one-half to lie given to the informer, and the other half to 
the owner or owners aforesaid. 

10 Del. Laws, Ch. 653, § 5. 

Section ~>. Violation of Section 2 a Misdemeanor, Penalty. Any person 
violating the provisions of Section Two of this Chapter shall be deemed guilty 
of a misdemeanor, and on conviction thereof, before any justice of the peace of 
Sussex County, shall lie fined for each offense the sum of one hundred dollars 
and shall forfeit all oysters planted by him or them, the vessel used by him 
or them in the planting of said oysters, and all and everything in and belonging 
to her; the one-half of said fine shall be paid to the informer and the other 
half to the Collector of Oyster Revenue. 
19 Del. Laws, Ch. 653, § 6. 

Section fi. Complaint Charging Violation — Duty of Justice of the Peace. 

When an affidavit is filed before said justice, charging that a violation of 
Section 2 of this Chapter has been committed by any one, and setting forth a 
description of the boat or vessel used by him or them so charged, the said 



LAWS RELATING TO OYSTERS. 19 

justice shall issue a warrant directed to any constable of said county, authoriz- 
ing him to arrest the person or persons therein charged and also to seize and 
hold said boat or vessel and all and everything in and belonging to her until the 
final order of the justice of the peace in the premises. 
19 Del. Laws, Ch. 653, § 7. 

Section ?. Offenders Committed — Seizure of Boat. Upon such conviction 
the said justice of the peace shall have the power and authority to commit 
any one so offending to the jail of Sussex County until said fine and costs are 
paid, and also to issue an order to any constable of said county empowering and 
directing him to seize and sell said boat or vessel used by such offender in the 
planting of oysters in the waters aforesaid, or catching or carrying away the 
same without the consent of the owner thereof, and all and everything in 
and belonging to her, on ten days' notice, posted in two of the most public 
places in each of the hundreds of Cedar Creek, Broadkiln, Lewes and Rehoboth, 
and that such sale shall convey to the purchaser or purchasers of said boat or 
vessel and all and everything belonging to her a good and valid title thereto. 
19 Del. Laws. Ch. 653, § 8. 

Section & Proceeds of Sale of Boat How Applied — Appeal— Duty of 
Attorney General. The proceeds of said sale so as aforesaid made by the 
constable, after deducting costs which shall be retained by the said officer and 
paid lo the parties entitled, shall be paid over to the county treasurer of 
Sussex County; provided that the parties defendant may appeal to the Court of 
General Sessions within ten days from the time when the judgment was 
rendered, upon giving bond to the State, with security to be approved by the 
justice of the peace, in a sum double the amount of the fine imposed and the 
value of the property seized by I he constable, conditioned that if the said appeal 
shall be prosecuted with effect then the same shall be void, otherwise to l>e in 
full force and effect. The proceedings shall be in the name of the State of 
Delaware, and upon the docketing of the appeal in the Court of General Sessions 
the Attorney General shall answer the appeal and conduct the case for (lie 
State. 

19 Del. Laws, Ch. 653, §9. 

Section 9. Plantation Owners and Deputies may Arrest. The owner or 
owners of the plantations prescribed and authorized within the limits set forth 
in Section 2 of this Chapter, and all persons deputized by him or them as his 
or their agents, shall have the righl and are hereby clothed with full power 
and authority to make arrests for any violation of any of the provisions of 
Sections 1 to 79, inclusive, of this Chapter, as duly constituted officers of the 
laws of Delaware, and their acts and doings as such shall be respected as legal 
and valid. 

19 Del. Laws, Ch. 653, § 10. 



20 LAWS RELATING TO OYSTERS. 

Section 10. Certain Oyster Plantations and Oysters Thereon Property of 
Planters — Rental — Tonnage Fees — Forfeiture of Rights by Non=Payment of 
Tax — Plantations and Boats Numbered — Vessels Dredging on Natural Beds, 
How Designated. All oyster plantations not exceeding fifty acres occupied and 
used by boats or vessels of over nine tons (custom-house measurement), and all 
plantations not exceeding thirty acres occupied and used by boats of the tonnage 
of nine tons (custom-house measurement) and under, prior to the ninth day 
of April, A. D. 1893, made in the Delaware Bay, shall be deemed and taken to 
be the possession of the respective planters, and oysters deposited or to be 
deposited in such plantations and their increase shall be the private property 
of the said planters ; provided and upon the condition that the said planters 
shall pay annually, by the first day of April, to the Collector of Oyster Revenue, 
to be appointed as in Section 35 of this Chapter, the sum of twenty-five dollars 
as rent for the ground so held by him or them and used by boats or vessels 
over nine tons (custom-house measurement), and the sum of fifteen dollars as 
rent for ground so held by him or them and used by boats or vessels of nine 
tons or under (custom-house measurement), and the further sum of three 
dollars and fifty cents per ton (custom-house measurement), for the boat or 
vessel to be used in the business of working the said plantations. Failure to 
pay such rent and license fee by the time above mentioned shall be a forfeiture 
of all the rights hereby secured. The said plantation shall be designated by 
stakes, as provided in the next section for new plantations, and the oysters 
within them shall be protected as hereinafter provided. The different planta- 
tions shall be treated as numbered in the order which said licenses to plant are 
issued, and the boat or vessel used in the business of planting shall wear that 
number, painted in black, at least eighteen inches long, in the middle of her 
mainsail, one-third of the distance below the head thereof. Provided, however, 
that where more parts than one. but not exceeding in the whole fifty acres 
or thirty acres, as the case may be, are appropriated by one person, they shall 
bear the same number, and that number only shall be necessary for designation 
of the boat or vessel; and every plantation shall be designated as soon as 
appropriated by the number of the license under which it is occupied, attached 
in some proper form to each corner of the plantation, the figures to be not less 
than ten inches in length, the expenses of which shall be borne by the planters ; 
and the boat or vessel used iu the business for dredging for oysters only on 
the natural beds of this State, under license authorized by this Chapter, shall 
wear in the middle of her mainsail, one-third of the way from the head thereof, 
a Roman letter, painted in black, eighteen inches long, to be designated in the 
license and to be in orderly succession from the beginning of the alphabet. 

An east line drawn from the end of the old Mahon's Road running a due 
east course to Blake's Channel shall be an established line between the part 
of the bottom which is set apart for planting purposes and the natural beds 
iu the Bay. 

The captain of the watch boat, assisted by his crew, shall mark by stakes or 
buoys, or both, the line by law prescribed as the northern limit of the plantation 
ground in the Delaware Bay and which is drawn due East from Mahon River 
Light House to Blake's Channel, and replace the said stakes or buoys from 



LAWS RELATING TO OYSTEES. 21 

time to time as the same may become destroyed. The cost of the necessary 
slakes or buoys used for the marking of said line shall be paid by the Oyster 
Revenue Collector as other expenses of the said watch-boat are paid. 

19 Del. Laws, Ch." G. r ,3, § 11 ; 20 Del. Laws, Ch. 405, § 4 ; 20 Del. Laws, 
Ch. 4.66, § 1: 22 Del. Laws, Ch. 149, § 1 ; 23 Del. Laws, Ch. 130, §2. 

Section 11. Other Plantations— Within What Limits— How Marked— Oys= 
ter Property — Planter Licenses — Fees — Privileges of Sections io and n do 
not Extend to Natural Oyster Beds. Any person or persons may appropriate 
to his or their own use a part not exceeding fifty acres fur boats or vessels to be 
used by him or them of a larger tonnage than nine tons (custom-house meas- 
urement), and a part not exceeding thirty acres for boats or vessels to be used 
by him or them of nine tons and under (custom-house measurement) of the 
bottom of Delaware Bay, south of Mahon River and west of Blake's Channel, 
embraced and lying between the two following parallel lines, to wit: one drawn 
due east from Mahon River Light House and the other due east from a point 
on the shore at ordinary high-water mark, three miles south of the middle of 
the mouth of Murderkill Creek, saving and excepting, however, that part oh 
the bottom of the Delaware Bay lying between the two aforesaid parallel lines 
and extending three hundred yards into the Bay from the ordinary low-water 
mark, unless (he same be then appropriated according to law, which part 
shall be designated by him or them by stakes not more than fifty yards apart 
to show at least two feet above the ordinary high water and not be obstructive of 
navigation; it shall be the possession of the planter or planters, and the oysters 
to be deposited therein and their increase shall be their private property. But 
before any one shall avail himself of this privilege, he shall apply in writing 
to the said Collector for a license for that purpose and pay to the said 
Collector the sum of twenty-five dollars as the fee or price thereof for boats or 
vessels to be used by him or them of a larger tonnage than nine tons (custom- 
house measurement) and the sum of fifteen dollars as the fee or price thereof 
for boats or vessels used by hint or them of nine tons and under (custom-house 
measurement) and also the sum of three dollars and fifty cents per ton (custom- 
house measurement) for the boat or vessel to be employed in the business of 
planting, if he be a resident of this State, and two dollars and fifty cents 
per ton (custom-house measurement) if he be a non-resident of this State. 
The said license shall last only to the first day of April following the date 
thereof, and must be renewed by the first day of April of each year, and the 
like sum be paid at the time of each renewal; provided that nothing in this 
Chapter contained shall be construed to authorize the appropriation by any one 
person of so many parts as shall exceed in the aggregate fifty acres for boats 
or vessels over nine tons (custom-hotise measurement), and thirty acres for 
boats or vessels of nine tons (custom-house measurement) or under. The priv- 
ileges granted by this and the preceding section shall not embrace any portion of 
the bottom of the bay which is a natural oyster bed anil has been hitherto used 
and worked as such, nor shall be extended beyond the mere right to plant 
oysters and bold them as properly. 

19 Del. Laws. Ch. 653, §12; 20 Del. Paws. Ch. ICC. § 1. 



22 LAWS RELATING TO OYSTERS. 

Section 12. Natural Oyster Beds to Be Dredged Only by Citizens— Right 
How Obtained — Collector to Issue Certificate — License How Obtained, How 
Forfeited, Fees For — Licensed Planters Not Required to Take Out License 
to Dredge on Natural Beds — Certificate Necessary — Crew of Dredge Boat — 
Dredge Bags Regulated. >> T o person who is not at the time a bona fide resident 
of this State, and shall have been such bona fide resident continuously for at 
least six months, and the vessel used by him at least one-half part thereof be 
bona fide owned by bona fide residents of this State and wholly manned by 
bona fid( residents (all of which said bona fide residents shall have lived and 
resided in this State as such bona fide residents continuously for at least six 
months prior to the time of making application for the certificate hereinafter 
mentioned) shall dredge for oysters, or otherwise take the same up from any 
natural oyster beds of this State. But any bona fide resident of this State as 
aforesaid, and using a boat or vessel, one-half of which at least is owned by 
bona fide residents of this State as aforesaid, and wholly manned by bona fide 
residents of this State as aforesaid, desiring to avail himself of the privilege 
of dredging for oysters, or otherwise taking them up from any of the natural 
oyster beds of this State, for planting or other purposes, shall first procure 
from the collector as aforesaid a certificate under his hand, stating that he has 
complied with the provisions of the law in that behalf; and in order to obtain 
such certificate the owner, or one of the owners (if more than one) of any such 
boat or vessel, shall file with the collector a written application, stating the 
name of the boat or vessel, the name of the owner or owners (if more than one), 
and the place or places of residence (if living in a city the street and number 
must be given) of such owner or owners, and the shares in which such owners 
own the same, and the duration of residence in this State of the resident owners 
of at least one-half of said boat or vessel, and shall verify such statement by 
his oath or affirmation, which the said collector is hereby authorized to admin- 
ister. The owner so applying shall tile at the same time a written statement 
of the crew and master of such boat or vessel, showing the names and places 
of residence of each of the said crew and master of such boat or vessel, and 
the duration of residence in this State of the captain or master of said boat or 
vessel and of each of said crew (and the street and number of their residence 
if in a city), which shall also be verified by the oath or affirmation of the 
captain or master and each of the said crew respectively; which the said collector 
is also hereby authorized to administer. If it appears by such application or 
statement that at least one-half part of the said boat or vessel is bona fide 
owned by a bona fide resident or residents of this State as aforesaid, aud is 
wholly manned by a crew all of whom are bona fide residents of this State as 
aforesaid, and have been such bona fide residents continuously for at least six 
months prior to the time of making such statement, the said collector shall issue 
and deliver to the master of such boat or vessel a certificate, unless the said 
collector shall have good grounds to believe that the statements made by any 
such owner or owners or any of the crew are untrue ; and in such case the 
said collector may refuse to issue such certificate until he shall have had a 
reasonable time to inquire into the truth or falsity of said statement, and if 
upon such inquiry the said collector shall be satisfied of the truth of such state- 



LAWS RELATING TO OYSTERS. 



23 



tuent, he shall thereupon issue such certificate; hut If he shall be satisfied, upon 
due inquiry, that any of said statement is false, he may refuse to issue such 
certificate. 

The certificate may be according to the following form: 

"This is to certify that the owner of the vessel called 

having fully complied with the provisions of law in that behalf, the said vessel 
is allowed and permitted to be used and employed in dredging on any of the 
natural oyster beds within the waters of this State (excepting the portions 
reserved by law for tonging purposes) during the period by law prescribed for 
dredging; hut the permission hereby conferred shall instantly cease and ter- 
minate whenever less than one-half part of said vessel shall be bona fide 
owned by bona fide residents of this State, or whenever said vessel shall not he 
manned by a crew wholly composed of bona fide residents of this State. 

Given under my hand, at this day of , 

A. D. 19 



Collector of Oyster Revenue. 

Whenever such boat or vessel shall not he wholly manned by bona fide 
residents of this State as aforesaid for at least six months, or at any time 
less than one-half part thereof shall be bona fide owned by bona fide residents 
of this State, as aforesaid, thereupon all privileges conferred by said certificate 
shall immediately cease and terminate and the license hereinafter provided for 
shall be forfeited and become null and void. 

When such certificate shall he issued as aforesaid the captain or master of the 
boat or vessel to he employed in the business of dredging upon any of the 
natural oyster beds of this State, before exercising the privilege of dredging as 
aforesaid, shall obtain from said collector a license. The fee for license to 
dredge on natural beds shall he three dollars and fifty cents per ton (custom 
house measurement), for the boat or vessel to he employed in the business, to 
be demanded by and paid to the aforesaid collector before the said license is 
delivered, hut such license shall not lie taken to authorize the planting of 
oysters nor of dredging for oysters on any of the natural oyster beds only from 
the fifteenth day of April until the thirtieth day of June, inclusive, of the year 
in which said certificate and license were issued. The said license and any 
oyster license under this Chapter may he demanded at any time for inspection 
by the Collector aforesaid or the person then in command of tin 1 watch boat, 
and failure to produce it shall he evidence that it does not exist. Provided that 
UOthing contained in this section shall he so deemed or construed as to require 
a regular licensed planter, who is a resident of this State as aforesaid, and 
using a boat or vessel one-half of which is bona fide owned by bona fide 
residents of this State as aforesaid and manned by a crew who are all bona fide 
residents of this State as aforesaid, to take out a license to dredge on the 
natural oyster beds of this State. 1ml such regular licensed resident planters 
as aforesaid shall he required to obtain the certificate mentioned in this section, 
and such certificate alone obtained shall confer upon such regular licensed 
resident planter of this Slate the right to dredge upon the natural oyster beds 



24 LAWS RELATING TO OYSTERS. 

of this State from the fifteenth day of April until the thirtieth day of June, 
inclusive, only in the year in which said certificate is issued. Any person who 
shall swear falsely in making any of the oaths or affirmations required by this 
section shall be guilty of wilful perjury and shall be prosecuted and punished 
accordingly. 

Provided, however, that the provisions of this Section, with reference to 
the manning of any boat or with reference to the residence of the crew thereof, 
shall not apply to cooks or deck-hands on board any dredge boat. 

No person or persons licensed or authorized, as aforesaid, shall dredge for 
oysters on any of the natural oyster beds of the Delaware Ray with dredge 
bags made of rings of a smaller size than one and one-half inches inside measure- 
ment, nor with dredge bags that have been lined with screening, roping or any 
other material that will reduce the size of the openings in the rings of said 
dredge bags. 

1!) Del. Laws, Ch. (153, §13; 20 Del. Laws, Ch. 400, § 1 ; 2. r » Del. Laws, 
Ch. 132, §1, 2, 3 & 4. 

Section 13. Owner's Consent Necessary to Take Oysters from Plantation. 

That no person or persons shall dredge for or otherwise take any dysters from 
the plantation of another without the consent of the person or persons owning 
said plantation. 

19 Del. Laws. Ch. 653, § 14. 

Section 1 '/. Dredging on Natural Beds, License Necessary — in what Months, 
not after Sunset, before Sunrise, or on Sunday — Planter may not Dredge 
from Plantation in July or August — Oyster Boats may not Remain on Beds 
After Sunset. It shall be unlawful for any person or persons whomsoever, 
having no license to dredge for oysters on any of the natural oyster beds of 
this Stab', or having no lk-ense to plant oysters, to dredge for any oysters from 
any of the natural oyster beds of this State. And it shall be unlawful for any 
person or persons having a license to dredge for oysters on any of the natural 
beds of this State, or being a resident planter and having a license to plant 
oysters and having the proper certificate as hereinbefore required, to dredge for 
oysters from any of the natural oyster beds of this State at any time excepting 
from the fifteenth day of April until the thirtieth day of June, inclusive, of 
the year in which such certificate and license were issued; and it shall be unlaw- 
ful for any person or persons whomsoever to dredge for or otherwise catch or 
take up oysters either on their own plantations or on the natural oyster beds 
of this State at any time after sunset and before sunrise, or on the Lord's 
Day, commonly called Sunday, and it shall be unlawful for any licensed planter 
of oysters to dredge for or otherwise catch or take any oysters from his own 
plantation during the months of July and August of any year. 

It shall be unlawful for any boat or vessel used in virtue of any oyster 
license to plant or dredge, to remain on or near the plantation or natural oyster 
beds in the bay after sunset, and all oyster boats or vessels used in planting and 
dredging for oysters under this Chapter shall not only be retired from their 



LAWS RELATING TO OYSTERS. 25 

occupation or business at or before sunset, but shall be taken within the land 
by that time if (he wind and tide will allow, and no accident prevent. 
19 Del. Laws, Ch. 653, §15; 25 Del. Laws. Ch. 132, §5. 

Section 15. Signal for Beginning or Retiring from Work — Signal Flag — 
Failure to get Signal no Excuse for Remaining on Beds — Duty of Watch Boat. 
A signal for commencing work by the boats or vessels licensed under this 
Chapter, in the morning, and for retiring from work in the evening shall be 
given from the watch boat; such signal for commencing work shall be the 
hoisting of the flag of the watch boat in I he morning at sunrise and keeping 
the same displayed for one hour at least thereafter, and the signal for retiring 
in the evening shall he the lowering of the said flag at sunset, which previously 
to the lowering thereof at sunset, shall be displayed at least one hour. This 
(lag shall be of drilling of navy blue color, six feet by four in length, with a 
diamond of white in the centre, having a diameter of two feet between the 
points furtherest apart; it shall he displayed, as aforesaid, at least one hour at 
her main topmast head in the morning during the working days, commencing 
at sunrise, and shall also be displayed one hour as aforesaid before sunset. 

The failure or neglect of the giving of the signals from the watch boat for 
retiring shall be no excuse for any boat or vessel to remain on or near the 
plantations or natural beds in the bay after sunset. The watch boat shall not 
leave the planting grounds and natural oyster beds, but shall cruise up and 
down the same if the wind will allow except when she is compelled by floating 
ice, severe stress of weather, accident or want of repairs or supplies from 
remaining in the bay. 

10 Del. Laws. Ch. 653, § 10. 

Section 16. Violations of Sections 12, 13 and 14 How Punished — Jurisdic= 
tion of Justice of the Peace. Any person or persons who shall violate any 
of the provisions of Sections Twelve, Thirteen and Fourteen of this Chapter 
shall be lined the sum of one hundred dollars, and if more than one, each of 
the said persons shall be lined one hundred dollars, which said tines, with the 
costs of prosecution, shall be a lien upon the boat or vessel used by such 
offenders from the time of the seizure thereof as hereafter in this Chapter 
provided; and the proceedings for such violation shall be before any justice of 
the peace of Kent County as provided in Section Eighteen of this Chapter, and 
the offender or offenders shall be imprisoned until said tines ami costs are paid, 
or until such boat or vessel shall be sold as hereafter in this Chapter provided. 
19 Del. Laws, Ch. <i. r )3. § 17. 

Section /?. Certain Maneuvers of Vessel and Crew Conclusive Evidence 
of Dredging — Working Boat with Dredges Overboard on Plantation of An= 
other, Evidence of Dredging Without Owner's Consent. When an oyster boat 
or vessel is sailing over a plantation or oyster grounds with dredges overboard 
and the men or crew, or part of them, at the winders on board of such boat or 
vessel handling or working the dredges, it shall be conclusive evidence thai the 



20 



LAWS RELATING TO OYSTERS. 



parties on board of such boat or vessel arc dredging for oysters; and when a 
boat or vessel is discovered on the plantation or ground of another, so working 
his boat or vessel with dredges overboard, without the owner's permission, it shall 
be conclusive evidence that such person or persons are violating the provisions 
of Section Thirteen of this Chapter. 
19 Del. Laws, Ch. 653, § 18. 

Section IS. Watch Boat, How Maintained, Manned and Employed — Log 
Book — Crew of Oyster Boats shall Aid Watch Boat to Enforce Law — Duty of 
Watch Boat Captain — May Seize Boat Violating Law — Hearing, Time of, 
Postponement — Bail — Penalties — Fine — Seizure of Boat — Sale — Application of 
Proceeds — Persons Discharged — Appeal, Security, How Tried, Limitation. 
For the purposes of protecting the oyster beds in the Delaware Bay, and those 
who plant oysters under this Chapter in the enjoyment of the privileges thereby 
secured to them, the aforesaid Collector shall, with the monies paid under 
the provisions of this Chapter, keep and maintain a suitable vessel as a watch 
boat, not less than twenty-five tons (custom-house measurement) which shall be 
of the best quality, well found in all respects, and able to keep watch in all 
weathers. There shall be a crew of said boat consisting of four men, one of 
whom shall be captain, one of whom shall be mate, and the other two of whom 
shall be sailors. The captain shall have charge of said boat and the other 
members of the crew shall be subject to his orders. In the absence for any 
cause of said captain the mate shall have charge and the others shall be subject 
to his orders. The Collector of the Oyster Revenue shall appoint the captain of 
the watch boat and may for cause remove him from office, and the said captain 
shall name and appoint the other members of the crew. The said captain shall 
receive a salary of sixty-five dollars per month, the mate fifty dollars per month, 
and the other two members of the crew forty dollars per month, they finding 
their own board. The said salaries shall be paid by the State Treasurer at the 
end of every month. The watch boat shall be employed at all times in the 
protection of the natural oyster beds of this State and the plantations of the 
several planters from depredation by trespassers, and shall cruise at all times, 
when the weather will allow, over the oyster plantations and natural beds 
from ojie end of them to the other, that no depredation upon any of them 
may be unseen, and shall not go to harbor except when stress of weather or 
when accident or some urgent necessity requires it. On board of this boat shall 
be kept a log book, in which shall be entered the names of every person licensed 
to plant or dredge for oysters, with the number of his license and the time 
when the same was taken out, and also the name of each person constituting 
the crew of the different boats or vessels used in dredging for oysters on the 
natural beds; and upon the command of her captain or (if he be sick or absent), 
upon the command of the person at the time in charge of her, any other boat or 
boats, vessel or vessels, together with their crew, shall aid and assist the watch 
boat and her crew as a posse comitatus in the enforcement of the several pro- 
visions of this act. Such enforcement shall be the seizure of the boat or vessel 
used in the violations of the provisions of this Chapter, and everything in and 
belonging to her, including the master or captain as hereinbefore provided. 



Laws relating to oysters. 27 

And it shall be the duty of the captain of the said watch boat to keep a strict 
and vigilant watch and to sec that no violations arc made of any of the pro- 
visions of this act, and whenever, upon his own view, or upon reliable informa- 
tion, he has good grounds to believe that any boat or vessel is being used in 
violation of any of the provisions of this act, he shall forthwith seize such 
boat or vessel and take her to Little Creek Landing and safely keep the same 
until sold or discharged by due course of law, and to arrest all the crew. 
including the captain or master, and take them before a justice of the peace 
of Kent County, who shall have full jurisdiction over every violation of Sections 
12, 13 and 14 of this Chapter. 

In order to give the defendants an opportunity for a fair trial, it shall he the 
duty of the said justice to fix a day for the hearing, which shall not be more 
than five days from the time of the arrest, and may he earlier if the defendants 
so desire. 

If from any cause the justice shall be satisfied that the defendants cannot 
be prepared for trial by the day fixed by him, he may postpone the hearing 
to a day not exceeding five days from the day first fixed; the person or persons 
so arrested shall he required to give hail for their appearance on the day fixed 
for trial, in a sum to be fixed by the said justice, and in default thereof shall 
be committed to hte jail of Kent County; upon proof to the satisfaction of the 
justice that the defendants or any of them are guilty, (he said justice shall im- 
pose upon the defendant or defendants, severally so found guilty, a fine of one 
hundred dollars for such violations, together with the costs of proceedings, 
including costs of seizure and detaining the said boat or vessel, and the said 
defendants so found guilty shall be imprisoned until said fines and costs be 
paid, or until such boat or vessel shall be sold as hereinafter provided; said 
fine and costs shall also he a lien upon said boat or vesel from the time of 
her seizure, and the said boat or vessel, and everything in or belonging to her, 
shall he detained until said fines and costs he paid; and in case said tines and 
costs be not paid within fifteen days from the time the same were adjudged by 
the said justice, then the said justice, or any other justice of the peace of 
Kent County, shall issue an order to any constable of Kent County, commanding 
tin 1 said constable to sell the said boat or vessel, and all and everything in 
and belonging to her, to the highest bidder, at public sale, on ten days' notice. 
by advertisements posted in six of the most public places in East Dover and 
Little Creek hundreds, and the proceeds, after deducting the tines and costs, 
shall be paid to the owner or owners of such boat or vessel ; lint if said proceeds 
shall not be sufficient to pay the whole of said lines and costs, the proceeds shall 
be first applied to the costs, and the balance thereof to the lines, and thereupon 
any persons who may have been imprisoned by reason of non-payment of said 
fines and costs shall thereupon be discharged from imprisonment. 

The parties defendant in the proceedings may appeal to the Court of General 
Sessions, upon giving security by bond with surety before the justice of (he 
peace, to the State of Delaware, in a sum double the amount of (he line imposed, 
to prosecute the said appeal with effect at the next lerm of the said Court. 
The appeal shall he tried at said term by jury, unless the Court continue it. 
and, upon certificate by the clerk thai the appeal was not prosecuted in due 



28 LAWS RELATING TO OYSTERS. 

time, or was decided against the appellant, the bond shall be forfeited and be 
at once proceeded upon at the instance of the collector. The appeal shall be a 
supersedeas; but it shall not be granted after an expiration of fifteen days from 
the time of the imposition of the fine. 

19 Del. Laws, Ch. 658, § 19, 39; 22 Del. Laws, Ch. 147, § 1 ; 25 Del. Laws, 
( h. 134, § 1. 

>s<<-tioii J!). Duty of Justice Upon Complaint — Warrant to Captain of Watch 
Boat — Procedure — Duty of Collector Upon Information of Violation — Seizure 
of Boat — In Absence of Watch Boat Captain, Person in Charge to Act. 

Upon complaint made by any person before any justice of the peace of Kent 
County, supported by oath or affirmation, that any boat or vessel has been 
used or is being used in violation of any of the provisions of Sections 12, 13 
and 14 of this Chapter, it shall be the duty of the said justice to issue a warrant 
under his hand and seal, directed to the captain of the watch boat, commanding 
him to seize such boat or vessel and to arrest all her crew, including the captain 
or master, and the said captain of the watch boat shall forthwith proceed as 
provided in Section IS of this Chapter, and the proceeding before the justice of 
the peace shall be the same as therein provided, with the right to appeal as 
aforesaid. When the collector shall have knowledge or reliable information 
that any boat or vessel has been used or is being used in violation of the pro- 
visions of Sections 12, 13 and 14 of this Chapter, it shall be his duty forthwith 
to order the captain of the said watch boat to seize such boat or vessel and 
arrest all her crew, including her captain or master, and thereupon the said 
captain of the watch boat shall proceed iu the same way as is provided in the 
aforesaid Section IS of this Chapter, and the proceedings before the justice shall 
be the same as therein provided, with a right of appeal as aforesaid. If the 
captain of the watch boat shall be absent or incapable of acting in the premises, 
the person at the time in charge of the said watch boat shall do and perform all 
matters and things herein required of the captain of the watch boat. 
1!> Del. Laws. Ch. 653, § 20. 

Section .lit. Names of Persons Charged, Duty of Justice — Form of Proceed= 
ings for Seizure and Sale. Upon parties charged with violations of any of the 
provisions of Sections 12, 13 and 14 of this Chapter being brought before the 
justice, he shall inquire their names, and upon refusal to give them, he may 
assign to them in his own proceedings any names he may choose, which shall be 
taken to be their true names, and they shall be further described as belonging 
to the boat or vessel seized, which shall be named also. 



LAWS RELATING TO OYSTERS. 29 



The proceedings may be according to the following form: 



The State of Delaware, 



A. B, C, 1). E, F, belonging to the 
boat or vessel 



Proceedings for violation of Section 

of the Act entitled "An Act to repeal all 
statutes relating to planting, propagat- 
ing, dredging, tonging, or taking oysters 
from the natural beds or plantations in 
the Delaware Bay and its tributaries, 
and to re-enact the same or parts there- 
of with amendments. 



And now to wit, this day of , A. D , the parties 

defendant being brought forward and the said boat or vessel being in custody, 
and the parties being ready for trial, and the testimony having been heard 
and considered, it is hereby adjudged that the said A, B, C, D, E, F (or such of 

them as were guilty), are guilty of violating, on the day of 

last. Section of Chapter of the Revised Code aforesaid. ' 

the use of the said boat or vessel and the implements on her for that purpose, 
and they are hereby ordered to pay each severally a fine of one hundred dollars, 
and jointly to pay the costs of prosecution and the costs of seizing and detaining 
said vessel, and are committed to the custody of the Sheriff of Kent County 
until the said tines and costs be paid, or until the said boat or vessel be sold. 
It is further ordered that if the said costs and fines be not paid in fifteen days 
that the said boat or vessel and her implements as aforesaid and all her appur- 
tenances be sold by M. W., Constable, to the highest bidder, on ten days' notice 
by advertisements in six of the most public places in East Dover and Tattle 
Creek hundreds. 

J. D., J. P. 
19 Del. Laws, Ch. 653, §21. 

Section 21. Force Used By Watch Boat Crew and Persons in Enforcement 
of Law — Right to Plead Statute. In the performance of the duties enjoined by 
this Chapter the crew of the watch boat and those aiding them voluntarily, or 
upon requisition as aforesaid, may use any force necessary for that purpose, and 
iu any proceedings against them, either criminal or civil, they may plead this 
Chapter in justification or give it in evidence under the general issue. 
19 Del. Laws, Ch. 653, §22. 

Section 22. Resistance to Crew of Watch Boat — Nature of Offense — PenaL 
ties. If any person shall resist (be crew of the watch boat ami those who may 

be acting in aid of them, or any of such persons in tlio enforcement of this 
Chapter, lie shall, if such resistance do not endanger life, be guilty of a misde- 
meanor, and upon conviction, by indictment, shall be fined one hundred dollars; 
if life be endangered, but not taken, be shall be deemed guilty of felony, and 
upon conviction by indictment shall be lined five hundred dollars and imprisoned 
one year; if life be taken by the resisting party he shall be guilty of murder 
in the first degree. 

19 Del. Laws, ch. (153, §23; 23 Del. Laws, Ch. 213, §1. 



30 LAWS RELATING TO OYSTERS. 

Section 23. Non=Residents — License to Plant Under Section n — Fees — 
Application. Any non-resident desiring to plant or continue to plant oysters 
in the Delaware Bay, and prohibited under this act from dredging for oysters 
on the natural oyster beds of this State, may obtain a license under Section 11 
of this Chapter for planting oysters and taking up the same by paying the 
usual fee for ground rent, as prescribed in this Chapter, and the further sum 
of two dollars and fifty cents per ton (custom-house measurement), for the boat 
or vessel to be used in the business of working the plantation, as is also pre- 
scribed in said Section 11 of this Chapter; and the person taking a license 
for himself under the provisions of this section shall take an oath, to be 
administered by the collector, hereinafter provided for, before the license is 
delivered, that he will not violate, or consent to the violation, or allow the boat 
or vessel used by him in the prosecution of the business for which said license 
is granted to he employed in the violation of this Chapter. 

19 Del. Laws, Ch. 053, § 24 ; 20 Del. Laws, Ch. 466, § 1. 

Section .'?.}. License to Plant and Dredge Allows Use of One Boat Only — 
Name of Boat in License — No Right Except After License Issued and Paid 
For. A license to plant under this Chapter and to dredge merely, shall be 
taken to allow the use of one boat or vessel only in the business, and, in every 
case of license granted, the applicant shall state the name of such vessel, and 
the license shall have her name inserted therein. No right to plant or dredge 
for oysters under any circumstances shall exist or be exercised until a license 
in due form is issued and paid for. 
19 Del. Laws, Ch. 653, §25. 

Section 25. Plantation to Be Restaked Before May ist — On Failure, Plan= 
tation to Revert to State. All persons having plantations, the stakes having 
been carried off by ice or otherwise, shall be required to re-stake them in the 
same manner as required by Section 11 of this Chapter, by the first day of 
May in each and every year. A failure to comply with this section within 
three months after the hrst day of May shall forfeit all right or claim to such 
plantation and it shall revert to the State, and it may be at any time there- 
after staked off as new ground in accordance with the provisions of this 
Chapter. 

1!) Del. Laws, Ch. 653, § 26. 

Section 26: New Ground, Notice For — Notice to Other Adjacent Owners — 
Objections— Hearing and Decision By Collector. Any person desiring to take 
up new ground, shall notify the collector of the location that he has chosen, 
and it it be within three hundred yards of the plantation of another or the 
plantations of others, it shall be the duty of the collector to notify the owner 
or owners of said plantations; and if such owner or owners or any of them 
object, he or they must make their objections in writing to the said collector, 
and il shall be the duty of the said collector to hear the objections, and if it 
should appear that the persons so objecting had good reasonable grounds for 



LAWS RELATING TO OYSTERS. 31 

such objections, and that their property would be thereby endangered, then 
he shall refuse to allow the person so desiring to take up new ground to stake 
up the ground so selected by him. 

19 Del. Laws. Ch. 653, § 27. 

Section 27. No Boat Allowed to Work Except on Compliance With Law as 
to Letter and Number— Penalty for Violation. No boat or vessel whatsoever 
shall be allowed to work until her owner has complied with the law in regard 
ro wearing her number, of legal dimensions, upon her mainsail; and no boat or 
vessel having a license to dredge for oysters on the natural oyster beds of this 
State shall be allowed to do so until her owner or owners have complied with 
the law in regard to wearing the letter in or on her mainsail as provided by 
this Chapter; if any boat or vessel shall be used without having such number or 
letter, as the case may be. she shall be seized by the captain of the watch boat 
and detained by him until her owner or owners shall have complied with the 
law in regard to such number or letter, as the case may be. and before she 
shall be allowed again to work or dredge for oysters her owner or owners 
shall pay the collector the costs and expenses of her seizure and detention. 
10 Del. Laws, Ch. 653, § 28. 

Ka-iion 28. Dredge Regulation— Penalties for Violation. It shall be unlaw 

ful for any boat or vessel licensed to dredge on the natural oyster beds of this 
State to use a dredge that has a tooth bar over forty inches in length between 
the shoulders: any violation of the provisions of this section shall ipso facto 
work a forfeiture of the license issued for the use of such boat or vessel, and 
all right to work such boat or vessel under such license shall immediately cease; 
and another license shall not be granted for the said boat or vessel until the 
expiration of the year for which the license so forfeited was issued. 
19 Del. Laws. Ch. 653, § 29. 

Section > .'». Name of Boat on Stern, in What Way— Penalties for Violation. 

Every boat or vessel used or employed in planting or dredging for oysters under 
the provisions of this Chapter shall have her name plainly painted on her 
stern at the usual place, in white letters upon a black ground, or black letters 
upon a white ground, so that the same may at all times he visible; any boat 
or vessel used for planting or dredging for oysters under the provisions of this 
Chapter, and not having her name plainly painted upon her stern as aforesaid. 
shall be seized by the captain of the watch boat and detained by him until 
her owner or owners shall have complied with the law in regard to her name 
being plainly painted on her stern as aforesaid, and before she shall be allowed 
again to work or dredge for oysters her owner or owners shall pay to the 
collector the costs and expenses of her seizure and detention. 
19 Del. Laws. Ch. 653, § 30. 

Section SO. Penalty if Captain of Watch Boat or Collector Refuse or Neg= 
lect to Perform Their Duties. If the said captain of the watch boat, or the 
collector provided for by this Chapter, shall refuse or neglect to perform 



32 LAWS RELATING TO OYSTEES. 

any of the duties required of them, respectively, under this Chapter, he shall 
be deemed guilty of a misdemeanor, and upon conviction thereof by indictment 
shall be fined not less than fifty dollars nor more than one hundred dollars, 
together with the costs of prosecution. 
19 Del. Laws. Ch. 653, §31. 

Section 31. Captain and Crew of Watch Boat Paid Only for Time Em= 
ployed. Neither the captain of the watch boat nor any of her crew shall 
receive any pay for the time not actually and actively spent in the discharge 
of the duties required by this Chapter; but such time shall be deducted in the 
computation of their wages. 

19 Del. Laws, Ch. 053. §32. 

Section 32. Appropriation for Certain Roads — Road Overseer to Be Ap= 
pointed. The sum of four hundred dollars annually is hereby set apart and 
appropriated out of the oyster fund to the Levy Court of Kent County; and the 
said Levy Court is hereby authorized and directed to appropriate the whole of 
said sum in improving that part of the road from Little Creek Landing to 
Mahon's River which lies between the run and fast land, and also the road 
leading from what is known as "The Smith Shop" in Mahon's River to the 
said road at a point near Indian Gut. and for that purpose shall appoint 
annually, in the month of March, some skillful and judicious road overseer to 
superintend and make such repairs, and said overseer shall be subject in all 
respects to the general laws governing said road overseers. 
19 Del. Laws, Ch. 053. §33. 

Section 33. Watch Boat Furnished With Coal, Wood and Flag. The col 

lector is hereby authorized and required to furnish the watch boat with six 
tons of coal and one cord of wood in each and every year ; he shall also keep 
the watch boat supplied with a proper flag as hereinbefore mentioned, and when 
the said flag shall be lost or destroyed, or worn out, he shall supply the said 
watch boat with a new flag in accordance with the provisions of this Chapter. 
and the expense of such flag, wood and coal shall be paid out of any funds 
he, the said collector, may have in hand belonging to the State. 
19 Del. Laws, Ch. 053, §34. 

Section 3'/. Justice of the Peace to Have Jurisdiction of Violations of Sec= 
tions 13, 14 and 15 — Proceedings in Name of State — Fees — Fines Paid to 
Collector — Procedure on Constable's Bond — May Employ Attorney. Any jus- 
lice of the peace of this State, resident in Kent County, shall have jurisdiction 
over every violation of the provisions of Sections 13, 14 and 15 of this act, and 
the proceedings for every violation of the provisions of Sections 13, 14 and 15 
of this act shall be before a justice of the peace resident of Kent County, with 
right of appeal as aforesaid; and all proceedings against any offender or offen- 
ders under this act shall be in the name of the State of Delaware. 



LAWS RELATING TO OYSTERS. 33 

The foes to the justice, any officer rendering service under this act for 
violations thereof, shall he the same as now provided by law for like or similar 
cases; and any or all hues which may he imposed under the provisions of this 
act and which may he collected and received by any constable of Kent County, 
shall be forthwith paid by said constable to the collector, and the failure to 
pay over such flue or fines to the collector within ten days after the same may 
be received or collected by any constable shall be a' breach of his official 
obligation, and it shall he the duty of the collector forthwith to bring suit 
on such official obligation of such constable so failing to pay such fine within 
the time aforesaid; and for this purpose the said collector may employ any 
attorney at law to prosecute such suit, and the expenses of such employment 
shall be paid out of any funds he may have in hand belonging to the State. 
19 Del. Laws, Ch. 653, § 35. 

Section 35. Collector of Oyster Revenue — Appointment — Residence — Term — 
Salary — Removal— Vacancy — Bond — Liability. In order to carry into effect the 
provisions of this act, there shall he an officer known as Collector of the Oyster 
Revenue, who shall he appointed by the Governor, shall hold said office for the 
term of two years from the third Tuesday in February next following such 
appointment, or until the successor in office is duly appointed and qualified, 
and shall reside in Kent County; in case of a vacancy happening in said 
office a person shall he appointed to fill said vacancy for the unexpired term; 
the Governor may at any time within that term remove the Collector and 
appoint another in his stead upon sufficient cause shown him therefor; hefore 
the Collector shall enter upon the duties of his office he shall give bond with 
surety to be approved by the Governor, in the penal sum of ten thousand 
dollars, conditioned for the faithful performance of the duties of his office, 
and he shall also he sworn or affirmed that he will faithfully and impartially 
perform the duties of his office. The official bond of the Collector shall he 
recorded in the Recorder's Office of Kent County, and the original (which shall 
be filed in the office of the Secretary of State), or a copy thereof from the 
Record, duly certified, shall he evidence. The official bond of every Collector 
of the Oyster Revenue shall continue in force after the end of his term of 
office, his removal therefrom, or after the occurring of any vacancy in said 
office. And he and his sureties therein shall he liable thereon for any 
breach by him of the duties of his said office. The said Collector of the 
Oyster Revenue shall receive a salary of seven hundred dollars per annum, to 
be paid by the State Treasurer as other salaries of State officers are now paid. 
19 Del. Laws. Ch. 653, $.".('.; 22 Del. Laws, Ch. 10<i. § 1 & 2 ; 25 Del. 
Laws. Ch. 133, SI. For certain duties of the Collector of Oyster 
Revenue and provision for appointment of policemen to enforce the 
oyster laws, see Section 114 of this Chapter. 

Keel inn 36. Licenses, Preparation, Form. The Governor shall cause the 
the necessary licenses under this Chapter to be prepared and supplied to the 
Collector aforesaid, to be dispensed by him when called for under this Chapter; 



1)4 LAWS RELATING TO OYSTERS. 

they .shail be in the usual form, except they shall be adapted to the nature of 
the privilege granted. 

19 Del. Laws, Ch. 653, § 37. 

section 37. License Fees to be Paid Before Issuance — Penalties. The Col- 
lector shall issue no license nor permit any boat or vessel to dredge until the 
price or fee for said licenses has been actually paid, and the collector violating 
this provision shall not only be responsible for said license fee, but in addition 
thereto forfeit a like sum to the State, which shall be sued for and collected 
by action on his official bond as in other cases of a breach of a condition 
thereof. 

10 Del. Laws, Ch. 653, §38. 

Section 38. Collector's Accounts— Deposits— Cheques. The collector shall 
keep a separate account in the Farmers' Bank, at Dover, of all monies received 
by him for licenses issued and tines imposed under this Chapter, and shall 
deposit weekly all monies received therefor, and all disbursements which he is 
or may be authorized by law to make shall be by cheques drawn on said 
funds in his official capacity, which shall be indicated by the written or 
printed word "Collector" immediately after his name. The cheques shall be 
numbered consecutively from first to last during his continuance in office, shall 
slate briefly what they are for, and the bills for which they are given shall 
have a corresponding number, and shall be filed in order in the office of the 
collector, and shall be subject to the inspection of any citizen and taxpayer 
who may wish to examine the same, and no disbursement shall be made in any 
other way. 

10 Del. Laws, Ch. 653, § Id. 

Section 39. Monies Paid to State Treasurer — When — Accompanying Ac= 
counts Sworn To — Penalties for Fraudulent Statement of Account. That 
the said Collector shall, in the month of June and the month of December 
in each and every year, pay over to the State Treasurer all monies by him 
collected after deducting the amount set apart and appropriated out of the 
oyster funds to the Levy Court of Kent County and the expenditures provided 
tor by this Chapter. He shall at the same time make and deliver to said 
State Treasurer an itemized account or statement of all monies received by 
him from all sources under this Chapter, and the name of the person or 
persons, and of the boat or vessel used by him or them, from whom he 
received said money, and also paid out under this Chapter, and to whom, with 
the proper vouchers for the same, under his oath thereo attached to the 
said account or statement, in the following words, to wit: 

State of Delaware, 

Kent County, ss : 

Be it remembered that on this day of A. D 

personally came before me A. R., a notary public for the State of Delaware, 
C. D., Collector of the Oyster Revenue, and being by me duly sworn for 



LAWS RELATING TO OYSTERS. 35 

affirmed) upon the Holy Evangels of Almighty Cod. deposes and says that 
the aforegoing is a just and true account of all the monies received and paid 
over to him under and by virtue of the Laws of the Stale of Delaware in 

relation to oysters, and the disbursements of the same from the day 

Of A. D to the day of A. I) ; 

and he further deposes and says that there is no item or matter charged in 
said account and paid for by him except what is authorized by law. 

C. D., Collector. 
Sworn and subscribed before me, the day and year aforesaid. 
(Seal) A. B., Notary Fublie. 

If the said collector, in rendering such account or statement to the said State 
Treasurer, shall make any false or fraudulent statement of the amount received 
by him, or shall, in drawing checks (the checks as proscribed to be drawn in 
this section) for the payment of the expenses incurred and other bills author- 
ized to be paid by law, specify therein a greater amount than was contracted 
to be paid for the services or items for which any such check may be drawn, 
or which shall not be the true amount which the person in whose favor any 
such check may be drawn is entitled to receive, he shall be deemed guilty of a 
misdemeanor, and on conviction thereof by indictment shall be fined one hun- 
dred dollars, one-half for the use of the informer and the residue for the use 
of the State, and such conviction shall ipso facto work a forfeiture of his other. 
19 Del. Laws, Oh. 053. § 41 ; 22 Del. Laws, Oh. 106, § 3. 

Section ' t 0. Annual Publication of Collector's Account. It shall be the duty 
of the collector to have his annual statement or account published in two 
newspapers printed in the Town of Dover, in the month of April, in each and 
every year. 

19 Del. Laws. Ch. 653, § 42. 

Section '//. Monies Paid to State Treasurer, How Applied. The money 
paid over to the State Treasurer, directed under this Chapter, shall be kept 
as a separate fund, and when the amount is sufficient, it shall be applied by 
him to the purchase of a State bond or bonds, which said fund thenceforth 
shall constitute part of a sinking fund for the payment of the public debt. 
19 Del. Laws, Ch. 653, §43. 

Section \,l. Portion of Delaware Bay Reserved for Fishing and Domestic 
Oyster Purposes. There shall be reserved for fishing, and for domestic oyster 
purposes, the following described portion of the Delaware Bay in this State: 

That portion lying between two parallel lines and running due easl to the 
middle of the ship channel, the first point to commence three miles south of the 
middle of the mouth of Murderkill Creek and to run due east, and the second 
point to commence in the middle of the mouth of Mispillion Creek and run a 
like due east course, and there shall not, within the herein described limits. 
be any oysters planted in the land staked up for such purposes except as in 



36 LAWS RELATING TO OYSTERS. 

this Chapter provided, and in case any such oysters should be planted within 
these described limits they shall bare no protection in law, and shall be for- 
feited for the use of the public, and the section here described shall be reserved 
for general fishing purposes. 

19 Del. Laws, Ch. (!53. § 44. 

Seel ion >i3. Taking Oysters for Planting Purposes in Certain Rivers, Etc. — 

Unlawful Penalties. It shall be unlawful to take or catch by means of tongs, 

or in any manner whatsoever, for the purpose of planting in Delaware Bay, ox- 
tor the purpose of selling for planting purposes in the Delaware Bay, any 
oysters from Leipsic River, formerly called Leipsic Creek, Dona River, also 
called Dona Creek, Mahon's River. St. Jones Rives. Little Creek, Murderkill 
River, Mispillion River, Broadkiln River and Sound. For the purposes of this 
Section the fast land on either side of a creek or river shall be considered 
to be and to form the mouth of such creek or river. 

It shall be unlawful for any person or persons to catch any oysters what- 
ever, at any season of the year, in Broadkiln River or Sound or in Mispillion 
River, for the purpose of planting the said oysters in said rivers or sound or 
in any other place. Any person or persons violating this paragraph shall be 
guilty of a misdemeanor, and upon conviction thereof shall be fined not less 
than twenty-five nor more than fifty dollars. Upon failure to pay the fine he 
or they shall be committed to the County Jail for a term uot less than twenty 
days nor more than thirty days ; the prosecutor to be paid one-half of the fine, 
tbe other half to be paid to the Collector of Oyster Revenue for the use of the 
State. The Justices of the Peace of Kent and Sussex Counties, as the case may 
be, are clothed with jurisdiction to hear and determine all violations of this 
paragraph, with power to enforce the same. 

19 Del. Laws. Ch. 653, §53; 20 Del. Laws, Ch. 44. §1; 21 Del. Laws, 
Ch. 87, § 2 ; 22 Del. Laws. Ch. 148, § 2. 

Section J',. Taking Oysters from Natural Oyster Beds, License for, Viola- 
tion, Penalty — Taking Oysters from Broadkiln River, Etc., Regulated, 
License, Violation, Penalty — Catching Oysters for Market in Broadkiln River 
or Sound or Mispillion River — License — Violation Penalties. It shall be unlaw- 
ful for any person to catch or take by any means (excepting by dredges, the 
requirement for licenses for which are bereinbefore provided), any oysters 
from any of the natural beds in the Delaware Bay or from any of tbe creeks 
or rivers that are tributary thereto, unless he shall have paid to the Collector 
of the Oyster Revenue the sum of five dollars for a license to take or catch 
oysters from the natural beds of the said bay and its tributaries, together with 
the further sum of fifty cents to the Collector as a fee for issuing the same, 
and has received from the said Collector a license therefor. Provided, however, 
that persons catching or taking oysters for family use shall not be compelled 
to take out a license therefor ; and persons catching or taking oysters for 
family use, shall not take or catch for such use more than five bushels in 
any one day. Any person violating the provisions of this paragraph, upon 
conviction before any Justice of the Peace in Kent or Sussex Counties, as the 



LAWS RELATING TO OYSTERS. 87 

case may be, shall he fined for each offense an amount not more than fifty 
dollars nor less than twenty-five dollars, and in default of payment of the said 
fine, together with the costs of the suit, the person so convicted shall be com 
mitted to the County Jail for a period of thirty days. One-half of the said 
fine, when collected, shall he paid to the informant, and the other half paid 
(o the collector, as part of the oyster revenue of the State. 

It shall he unlawful for any person or persons in any one day to take, catch 
or carry away in any boat, cart or wagon, or vehicle of any kind whatever, 
from r.roadkiln River or Sound or Leipsic River or Simons Creek more than 
twelve bushels of oysters, nor from Mispillion River more than nine bushels 
of oysters for market or home consumption, and any person or persons having in 
his or their possession a quantity of oysters caught or taken from said rivers 
or sound exceeding twelve bushels on any one day shall be presumed to have 
caught them in one day and shall be deemed guilty of violating the provisions of 
this paragraph. Each and every person shall be prepared to tell the quantity 
of oysters that he has in his possession when called upon. Each and every 
person who catches oysters for market shall pay a license of three dollars to 
the Collector of Oyster Revenue, which license shall be good for one year only. 
Any person or persons who shall violate this paragraph shall he guilty of a 
misdemeanor, and upon conviction thereof shall be fined twenty dollars and 
costs, and shall forfeit his boat, cart or wagon. Such person or persons upon 
failure to pay said fine shall be imprisoned for a term of not less than twenty 
days nor more than thirty days in the County Jail. The boat, cart or wagon 
shall he sold to the highest bidder, within ten days after the conviction of the 
owner thereof, by the Constable of the Hundred in which the case is tried. The 
prosecutor shall have one-half the fine, together with one-half of the proceeds 
of the sale of the boat, cart or wagon, the other half to be paid to the Collector 
of Oyster Revenue for the use of the State. 

Any person or persons who come into Broadkiln River or Sound or Mispillion 
River and living in their boat, vessels or shanties on the said rivers or sound, 
for the purpose of catching oysters for market, and making a business of it during 
rhe oyster season, shall first pay a license of twenty dollars, and be compelled to 
show their license to any one who calls for it. Any person or persons who violate 
this paragraph shall be guilty of a misdemeanor, and upon conviction thereof 
shall be fined not less than twenty dollars nor more than forty dollars and costs. 
T T pon failure to pay the fine he or they shall be committed to the County Jail for 
a term of not less than thirty nor more than forty days, the prosecutor to he 
paid one-half of the fine, the other half to be paid to the Collector of Oyster 
Revenue for the use of the State. The Justices of the Peace of Kent and Sussex 
Counties are clothed with jurisdiction to hear and determine all violations of 
this Act. with power to enforce them. 

lit Del. Laws, Oh. 65.°., § f>4 ; 21 Del. Laws. Ch. 87, §§ 1 & :: ; 22 Del. Laws, 
Oh. 14S. SS 1 & .'!: 26 Del. Laws, Ch. 157, § 1. 

Section '/■'>■ Unlawful to Take More Than Twelve Bushels of Oysters in 
One Day, and Not to Be Sold to Be Transported Through the Mouths of 
Broadkiln River or Sound Into Delaware Bay. It shall be unlawful for any 



38 LAWS RELATING TO OYSTERS. 

person to catch in one day, for the purpose of sale or otherwise, from any of the 
aforesaid creeks and rivers, excepting Mispillion River, any quantity of oysters 
exceeding twelve bushels; in case of the sale or disposal of said quantity of 
twelve bushels or any part thereof taken or caught from the waters of Broadkiln 
River or Broadkiln Sound, it shall not be lawful to sell or dispose of the same 
or any part thereof to be transported or carried away through the mouth of said 
Broadkiln Sound into the Delaware Bay by any boat or vessel, whether for 
planting or for consumption as food, or for any other purpose. 

II shall be unlawful for any person to catch in one day for the purposes of sale 
or otherwise, from the waters of the Mispillion River any quantity of oysters 
exceeding nine bushels. This provision shall not apply to persons taking oysters 
for family use, who shall be allowed to take five bushels as otherwise provided by 
law. Whoever shall violate the provisions of this paragraph shall be deemed 
guilty of a misdemeanor, and upon conviction thereof in the Court of General 
Sessions, shall be fined in a sum not exceeding Fifty Dollars, or imprisoned for 
a term of ten days, or both fined and imprisoned, in the discretion of the Court. 

1!> Del. Laws, Ch. 053, §55; 20 Del. Laws, Ch. 44, §2; 20 Del. Laws, 
Ch. 157, § 1. 

Section '/<>. Unlawful to Take Oysters From Creeks or Rivers After Sunset 
and Before Sunrise — Penalty. It shall be unlawful for any person to take or 
catch, in any manner whatsoever, for any purpose whatsoever, any oysters from 
any of the creeks or rivers of this State at any time after sunset and before 
sunrise. 

Any person violating the provisions of this Section shall be liable to the 
penalty provided for a like offense in Section 10 of this Chapter. 
19 Del. Laws, Ch. 053, §50. 

Section '/?. Dredging for Oysters in Creeks and Rivers, Etc., and Use of 
One=Handled Rakes Unlawful — Penalties— Use of Certain Dredges and Tongs 
in Tributaries of Delaware Bay Unlawful — Penalty — Use of Power Boats 
Unlawful on Natural Beds — Penalty. It shall be unlawful to dredge for oysters 
at any time of the year in any of the creeks and rivers tributary to the 
Delaware Bay, or in Broadkiln Sound. It shall be unlawful to catch, gather, 
rake or dredge for oysters in Broadkiln River and Sound by means or with 
(he use of one-handled rakes. Any person convicted before any Justice of 
the Peace for violating the provisions of this paragraph in relation to dredg- 
ing shall be fined not more than fifty nor less than twenty-five dollars ; and 
any one convicted of violating the provisions of this paragraph in relation to 
raking shall in like manner be fined ten dollars for every such offense; in each 
case one-half of the tine imposed to be paid to the informant and the other half 
to the Collector. 

It shall be unlawful Cor any person or persons to dredge for oysters with 
dredges or tongs operated by maens of rope, line or chains in the tributaries 
of the Delaware Bay. Any person or persons violating the provisions of this 
paragraph shall be deemed guilty of a misdemeanor and upon conviction 



LAWS RELATING TO OYSTERS. 39 

thereof shall be fined not less than twenty dollars nor more than fifty dollars 
and costs, and upon failure to pay such fine shall he committed to the County 
Jail for a term of not less than thirty nor more than forty days. One-half 
of said fine shall go to the prosecutor, the other half to the Collector of the 
Oyster Revenue for the use of the State. 

It shall be unlawful for any person or persons to use a boat propelled by 
steam, gasoline, napthaline or any other motor power, for the purpose of taking 
any oysters from the natural beds of the State; any person or persons violating 
the provisions of this paragraph shall he guilty of a misdemeanor, and upon 
conviction thereof shall he fined a sum not less than three hundred dollars nor 
more than five hundred dollars and he imprisoned for a term of not more than 
three months, at the discretion of the Court. 

i!> Oel. Laws. Oh. 653, § .77 : 21 Del. Laws, Ch. 87, SS 4. 5; 2.'5 Del. Laws. 
Oh. 130, S 1 ; 22 Del. Laws, Ch. 14s, §S 4, 5. 

Section 48. Taking Oysters in Certain Rivers and Creeks Unlawful- 
Exception for Home Consumption — Transportation from Certain Rivers for 
Planting or Consumption, Unlawful — Penalty. It shall be unlawful for anj 
person to catch or take any oysters in the following named creeks or rivers, 
to wit: Dona River or Dona Creek, Simon's Creek, Mahon's River, Leipsic 
River and Little Creek, between the last day of June and the first day of 
September; provided, however, that the citizens of this State, between the days 
specified, may take or catch for home consumption, from Dona River or Dona 
Creek, Simon's Creek, Mahon's River, Leipsic River and Little Creek, a quantity 
of oysters not exceeding five bushels in any one day. 

It shall not be lawful for any person or persons to take or catch any oysters 
for any purpose whatsoever from Murderkill River, St. Jones River. Mispillion 
River, the "mouth of the cut" in Mispillion River, or Broadkiln River or Sound 
at any time between the first day of April and the first day of October in any 
year. The "mouth of the cut" shall be considered all that portion of the Dela- 
ware Bay extending from the mouth of said Mispillion River into said Bay 
along the jetty, which has been recently built, to the other end of said jetty, 
and running between parallel lines from the mouth of said river to said outer 
end of the jetty. It shall be unlawful for any person or persons to sell or 
dispose ot any oysters to be transported or carried through the mouth of Murder- 
kill River, St. Jones River, Mispillion River or Broadkiln River or Sound into 
the Delaware Bay by boat, vessel or otherwise, whether the said oysters shall 
be intended for planting or for consumption as food, or for any other purpose. 
Any person or persons violating any of the provisions of this paragraph shall, 
upon complaint under the oath or affirmation of any person, be arrested and 
forthwith brought before any Justice of the Peace in Kent or Sussex County, as 
the case may be, and upon proof and conviction thereof the said person or 
persons shall be fined a sum not less than twenty dollars nor more than thirty 
dollars, together with the costs of bis or their arrest and trial; and upon failure 
to pay said fine and costs he or they shall be committed by said Justice of the 
Peace to the custody of the Sheriff of Kent or Sussex County, as the case may 
be, until such fine and costs be paid. One-half of said fine shall be by the said 



40 LAWS RELATING TO OYSTERS. 

Justice paid to the informer, the other half shall he by him paid to the 
Collector of Oyster Revenue for the use of the State. 

l!i Del. Laws, Oh. 053, §58; 20 Del. Laws, Oh. 464, 8$ 1, 12 & 3; 21 Del. 

Laws, Oh. 88, § 1 ; 22 Del. Laws, Oh. 377, §1: 23 Del. Laws, Oh. 

133; S 1. 2 & 3, and Oh. 134, § 1, 2 & 3; 26 Del. Laws, Oh. 156, § 1. 

Section J/9. License Number — Boat Number — License for One Boat, to One 
Person, for One Year. Each license issued by the Collector aforesaid for the 
purpose aforesaid shall he numbered and contain the name of the person to 
whom said license is issued, and the boat used for the purpose of catching or 
tonging oysters for the purpose aforesaid shall have a number corresponding 
with the number of said license issued to the owner of said boat painted in 
ulack upon the side of the said boat above the water line in figures at least 
six inches long and one-half inch wide. The license so issued by the collector 
shall authorize the use of one boat, and hut one license shall be issued to one 
and the same person. The said license shall last only one year and shall be 
renewed annually, and the like sum, as provided in Section 44 of this Chapter, 
must he paid at the time of each renewal. 
19 Del. Laws. Oh. f;r>3,- § r.f). 

Section 50. Sale of Oysters from Certain Places to be Planted in Bay, 
Uulawful — Penalty. It shall be unlawful for any person, directly or indirectly, 
by himself, agent, employee, or any person whomsoever, to sell, or in any man- 
ner dispose of any oysters taken or caught from any of the creeks or rivers, or 
within the limits named by Section 43 of this Chapter, to any person, his agent 
or employee, for the purpose of planting the same in Delaware Ray. Any 
person so offending shall he deemed guilty of a misdemeanor, and upon con- 
viction thereof, before any justice of the peace in Kent or Sussex Counties, as 
the case may he, who are hereby clothed with jurisdiction to hear and determine 
all violations of this section, and to impose tines and imprisonments, shall be 
fined not less than twenty-five dollars, nor more than fifty dollars, and upon 
failure to pay said fine and the costs imposed shall he imprisoned for a term 
not less than three months nor more than six mouths, for each and every 
offense. 

lit Del. Laws. Oh. 653, § 61. 

Section 51. Rough Culling in Tributaries of Delaware Bay — Size of Oys= 
ters Taken — Penalties — Rough Culling on Natural Beds in Delaware Bay — 
Penalty — Boats Shall Submit to Inspection of Guard Boat — Oyster Revenue 
Collector to Enforce Provisions of Section. All oysters caught in any river, 
creek or pond (excepting Simon's Creek) tributary to the Delaware Ray. shall 
he culled at the place where they are caught, and it shall he unlawful for any 
person entitled under the provisions of this Chapter to take oysters from any 
riv^r, creek or pond aforesaid, to take therefrom oysters less than two and 
one-half inches in length, and any person violating the provisions of this para- 
graph shall, upon conviction before any justice of the peace of Kent or Sussex 
Counties, as the case may he, he fined ten dollars for every such violation, one- 



LAWS RELATING TO OYSTEKS. 41 

half of said tine to be paid to the informant and the other half to be paid to 
the collector, to be by him accounted for as a part of the oyster revenue of the 

State. 

All oysters, oyster shells and other material, dredged, tonged or in any manner 
raised or taken from the natural oyster beds of the Delaware Bay within the 
jurisdiction of the State of Delaware shall be culled as soon as the same are 
emptied out of the dredges or tongs on the deck of the boat or vessel employed 
for the purpose, and before the same are shoveled hack from that portion of 
the deck used for emptying the dredges; and all shells and other material, except 
oysters, shall he immediately thrown hack upon the beds or ground from 
which the same shall have been taken. All such oysters, oyster shells and 
other material shall be culled as aforesaid so closely that ten bushels thereof 
taken from any portion of a deck load of oysters, after the same shall have 
been shoveled hack from that part of the deck used for emptying the dredges 
and tongs aforesaid, shall not contain more than twenty per centum of shells 
and other material ; if any person or persons shall neglect or refuse to cull as 
in this paragraph provided, such oysters, oyster shells and other material, he or 
they shall be deemed guilty of a misdemeanor, and upon conviction thereof in 
the Court of General Sessions, shall be fined in a sum not exceeding two hundred 
dollars, or imprisoned for a term not exceeding sixty days, or both, at the dis- 
cretion of the Court. 

When the master, commander, captain or person in charge of any boat, vessel 
or other craft, licensed under the provisions of the laws of this State, is hailed 
or signaled by the Oyster Revenue Collector, or the captain of the Guard Boat, 
or any one of the crew thereof, and refuses to stop and permit the Oyster 
Pevenue Collector, or the captain or crew of the Guard Boat aforesaid, to board 
said boat, vessel or other craft and examine the oysters, oyster shells and other 
material on such boat, vessel or other craft as aforesaid, the said Oyster 
Revenue Collector shall have power to revoke the license of the boat, vessel or 
other craft so refusing as aforesaid. 

It shall be the duty of the Oyster Revenue Collector to enforce the provisions 
of this Section and be shall forthwith furnish the captain of the Guard Boat 
with a bushel measure and a peck measure which shall be used for carrying 
into effect said provisions. 

19 Del. Laws. Oh. 653, § 64 ; 26 Del. Laws. Ch. 160, SL 2 & 3. 

Section 52. Catching or Selling Certain Oysters Less than Two and One= 
Half Inches in Length, Except for Planting, Unlawful— Penalty. It shall he 

unlawful for any person to catch, by means of tongs or otherwise, on any of 
the natural beds of the Delaware Bay, oysters less than two and one-half 
inches in length, except for the purpose of planting; and it shall he unlawful 
for any person to sell oysters caught or taken from the natural beds of the 
Delaware Bay, less than two and one-half inches in length, for any other 
purpose than planting. Any person violating either of the provisions of this 
Section, upon conviction thereof before any justice of the peace in the State, 
shall be fined a sum not less than ten dollars nor more than fifty, one-half of 



42 LAWS RELATING TO OYSTERS. 

th« i said fine to be paid to the informant and the other half to he paid to the 
collector, to be by him accounted for in the manner hereinbefore provided. 
1!) Del. Laws, Ch. 653, S (!•"). 

Section 7.?. Citizens May Appropriate One Acre for Planting Oysters, to be 
Staked — Penalty for Other Person to Take Oysters Therefrom — Limitations 
as to Place. Any citizen of this State may appropriate to his own use a part, 
not exceeding one acre, of the bottom of any of the streams or waters of this 
State for planting oysters: and having marked the same by stakes or other 
visible boundaries and planted oysters therein, it shall be unlawful for any other 
person to catch or take the oysters therein growing under penalty of forfeiting 
titty dollars to the owner of such plantation. But no place shall be appropriated 
where oysters are already growing, or so as to impede navigation; nor shall 
more than forty feet square of Lewes River, opposite Lewes, be appropriated 
by any person 

10 Del. Laws, Ch. 653, § (i(i. 

Section ~>'i. Violation of Oyster Laws a Misdemeanor — Penalty — Jurisdic= 
tion — Procedure — Appeal — Attorney=General to Appear for State. Any person 

or persons who shall .violate any of the provisions of this act, except as other- 
wise provided, shall he deemed guilty of a misdemeanor, and upon conviction 
thereof except as otherwise provided shall be lined not less than twenty-five 
dollars nor more than fifty dollars, and upon failure to pay said line shall be 
imprisoned for a term of not less than three nor more than six months. The 
Justices of the Peace of Kent and Sussex Counties, as the case may be, are 
clothed with jurisdiction to hear and determine all violations of this act. and 
the method and manner of procedure shall be the same as hereinbefore pre- 
scribed in similar cases. 

Any person convicted before a justice of the Peace for the violation of any 
of the provisions of this Act shall have the right to appeal to the Court of 
General Sessions for the County in which the conviction occurred; provided 
that said appeal shall be taken in five days, and that security shall be taken to 
be approved by the Justice in double the amount of the fines and costs imposed 
by the said Justice, and upon such api>eal being duly entered as In the case of 
other appeals in like cases it shall be the duty of the Attorney-General to 
appear for the State and prosecute such case. 
19 Del. Laws, Ch. 053, § 60 & 02. 

Section 55. Planting Oysters in Indian River or Rehoboth Bay by Non= 
Citizens, Unlawful — Penalties. It shall be unlawful for any i>erson who is not 
a citizen of this Slate to lay out or plant oysters in any of the waters of 
Indian River or Rehoboth Bay, and any one so offending shall be deemed guilty 
of a misdemeanor, and on conviction thereof before any Justice of the Peace 
of Sussex County shall be fined for each offense the sum of one hundred dollars, 
and shall forfeit all oysters planted by him or them, the vessel used by him or 
them in the planting of said oysters and all and everything in and belonging 



LAWS RELATING TO OYSTERS. 43 

to her. The one-half of said fine shall be paid to the informer, and the other 
half to the commissioner hereinafter appointed. 
19 Del. Laws. Ch. 053. §67. 

Section 56. Complaint, Warrant, Arrest and Seizure for Violations of Sec= 
tion 55. When an affidavit is filed before said Justice, charging that a viola- 
tion of this statute has been committed by any one. and setting forth a descrip- 
tion of the boat or vessel used by him or them so charged, the said Justice 
shall issue a warrant directed to any constable of said county authorizing him 
to arrest the person or persons therein charged, and also to seize and hold said 
boat or vessel, and all and everything in and belonging to her. until the final 
order of the Justice of the Peace in the premises. 
19 Del. Laws, Ch. 053, § 68. 

Section 57. Offenders Against Section 55 Committed to Jail — Order for 
Seizure of Boat — Notice, Sale, Title. Upon such conviction the said Justice 
of the Peace shall have the power and authority to commit any one so offending 
to the jail of Sussex County until said fine and all costs are paid, and also to 
issue an order to any constable of said county empowering and directing him 
to seize and sell said boat or vessel used by such offender in the planting of 
oysters in the waters aforesaid, and all and everything in and belonging to her. 
on ten days' notice, posted in two of the most public places in each of the 
hundreds of Indian River, Dagsboro and Baltimore; and such sale shall convey 
to the purchaser or purchasers of said boat or vessel, and all and everything 
in and belonging to her, a good and valid title thereto. 
19 Del. Laws, Ch. 653, § 09. 

Section 58. Proceeds of Sale How Applied — Appeal — Bond — Attorney=Gen= 
eral to Prosecute Appeal. The proceeds of said sale so as aforesaid made by 
i lie constable, after deducting the costs, which shall he retained by the said 
officer and paid to the parties entitled, shall he paid over to the commissioner 
hereinafter appointed. Provided that the parties defendant may appeal to the 
Court of General Sessions within ten days from the time when judgment was 
rendered, upon giving bond to the State, with security to he approved by the 
Justice of the Peace, in a sum double the amount of the fine imposed and the 
value of the property seized by the constable, conditioned that if the said appeal 
shall be prosecuted with effect then the same shall he void, otherwise to he in 
full force and effect. The proceedings shall be in the name of the State of 
Delaware, and upon the docketing of the appeal in the Court of General Ses- 
sions, the Attorney-General shall answer to the appeal and conduct the case for 
the State. 

19 Del. Laws. Ch. 653, § 70. 

Section 59. Citizens May Plant Twenty Acres in Indian River or Rehoboth 
Bay — Fees — Plantations, How Marked— Oysters Property of Planter. It shall 
be lawful for any citizen of the State to lay out or plant oysters in any m Hie 
waters of Indian River <>r Rehoboth Bay, over an area no! exceeding twenty 



44 LAWS RELATING TO OYSTERS. 

acres, for which he shall pay to the commissioner hereinafter appointed, annually, 
the sum of fifty cents for each acre as rent for the ground so held by him, the 
first payment of the said tax to be made within one month after he shall stake 
off the area aforesaid. The said area shall be marked or designated by stakes 
as provided in the next section of this Chapter, and the oysters deposited within 
said stakes, and their increase, shall be the private property of the said planter, 
and shall be protected as is hereinafter in tins Chapter provided. 
19 Del. Laws. Ch. 653, § 71. 

Section 60. Citizens May Appropriate Twenty Acres in Indian River or 
Rehoboth Bay for Oyster Planting — Oysters Property — Staking — Plot to be 
Filled — Fifty Bushels to be Planted on Each Acre Within Six Months — 
Forfeiture. Any citizen of the State may appropriate to his own use a part 
not exceeding twenty acres of the bottom of Indian River or Rehoboth Bay 
for planting oysters, which part he shall designate by corner stakes to show at 
least two feet above the ordinary high-water mark and not to be obstructive of 
navigation. It shall be the possession of the planter or planters, and the 
oysters to be deposited therein and their increase shall be his or their private 
property. Provided that any such citizen so intending to appropriate any such 
part of the bottom of said Indian River or Rehoboth Bay shall, within thirty 
days after he has so as aforesaid staked off the area which he intends to use 
for planting oysters, file with the commissioner hereinafter appointed, a 
sufficient plot and description of said area whereby the same may be known and 
located, reference being made in plot and description to natural objects, or to 
artificial boundaries erected or fixed on the shore or shores of said Indian River 
or Rehoboth Bay; and provided he shall, within six months after he has so as 
aforesaid staked off the area as aforesaid, plant therein fifty bushels of oysters 
on each acre of his area and make affidavit that be has so deposited or 
planted said quantity of oysters within said area ; said affidavit to be appended 
to the aforesaid plot or description and recorded therewith in the office afore- 
said. If he shall fail to file a plot and description and affidavit, or deposit or 
plant said quantity of oysters within the time aforesaid, he shall forfeit all 
right, title and claim to the area aforesaid, and the same may he appropriated 
for the purposes aforesaid by any other citizen of said State. 
IP Del. Laws, Ch. 653, §72. 

Section (11. Nature of Privilege Granted — Liability for Debts — Levy — Sale — 
Title, 'the privilege granted by Sections 59 and (10 of this Chapter shall not 
l>e construed to convey any other right than that to plant oysters or bold them 
as property, which shall be liable for the debts of the person so as aforesaid 
appropriating any of said area aforesaid, and any levy and sale under execution 
process of the area of any defendant in such process shall convey to the pur- 
chaser the same right to use the said area for oyster planting purposes that 
the defendant had and owned and all the oysters thereon planted at the time 
of said sale. 

Ill Del. Laws, Ch. 653, §73. 



LAWS RELATING TO OYSTERS. 45 

Section 62. Carrying Away Oysters of Another from Area so Appropriated, 
Larceny. If any person or persons shall take and carry away from the area or 
plantation of another, so as aforesaid appropriated to his use. any oysters 
being within the Hunts thereof without the consent of the owner thereof, he 
shall be deemed guilty of larceny, and upon conviction thereof be punished 
accordingly, and it shall be no objection to a prosecution for larceny in such a 
case that the act was done openly. 
19 Del. Laws, Ch. 653, § 74. 

Section 63. Territory, Charters and Rights of Certain Oyster Planting, 
Etc., Companies Exempt from General Law. Nothing in this Act shall be 
construed to give any one the right to plant oysters within the territory of 
"The Frankford Oyster Planting Company," a corporation created by an Act 
of the General Assembly of this State, passed at Dover. March 31, 1881, or of 
"The Indian River and Rehoboth Bay Oyster Planting Company," a corporation 
created by an Act of the General Assembly of this State, passed at Dover, 
March 23. 1875, and amended March 1. 1S77. or in any way to alter, amend, 
revoke or abridge any of the rights and privileges granted to the aforesaid coin 
panies or any other companies duly incorporated by the Legislature and under 
the laws of the State of Delaware. 

Nothing in this Act shall be construed to revoke, alter or amend the charters, 
rights or privileges of any company heretofore incorporated by this State for 
the purpose of planting, dredging or otherwise dealing in oysters. 
19 Del. Laws. Ch. 653, §7.".. 78. 

Section 6'/. Commissioner of Oyster Planting in Indian River and Rehoboth 
Bay to be Appointed — Duties — Term — Fees — Compensation — Payments to State 
Treasurer. In order to carry into effect the provisions of this Chapter in relation 
to Indian River and Rehoboth Bay there shall be an officer known as Commis- 
sioner of Oyster Planting in Indian River and Rehoboth Pay. to be appointed 
by the Governor. It shall he his duty to colled and receive from each person 
who has appropriated any portion of the bottom of Indian River or Rehoboth 
Pay. as is hereinbefore provided, each and every year, the sum of fifty cents 
for each and every acre so as aforesaid appropriated for oyster planting pur- 
poses; to keep a proper record, in which he shall record all the plots and 
descriptions of the different areas appropriated under the said provisions of this 
Chapter: said office shall continue for the term of two years; he shall receive 
for recording each plot and description the sum of fifty cents, to he paid by the 
party requesting the same to he recorded; he shall retain as compensation for 
his services the one-half of the revenue paid him by those who take up or 
appropriate certain areas for oyster planting purposes, and shall annually pay 
over to the State Treasurer all other monies so as aforesaid received by him. 
1!) Del. Laws, Ch. <;."•".. S 7<i. 

Section 65. Oysters on Certain Flats of Delaware Bay Protected— Penalty. 

It shall be unlawful for any person or persons to take oysters from any of 
the flats or rocks along the shores of the Delaware Pay within the jurisdiction 



46 LAWS RELATING TO OYSTERS. 

of Delaware, beginning at a point at the mouth of Lewes' Ditch and extending 
therefrom in a straight line to the month of Mispillion River, the same to be 
used for planting purposes. 

Any person violating the provisions of this Section, upon conviction in the 
Court of General Sessions, shall forfeit and pay a fine not exceeding one 
hundred dollars, or be imprisoned for a term not exceeding thirty days, or both 
fine and imprisoned, in the discretion of the Court. 
26 Del. Laws, Ch. lot), § 1 & 2. 

Section 66. Measure for Oysters Sold in Shell— Penalty. All oysters sold 
in the shell by the bushel measure in this State, shall be measured in a circular 
bushel tub with straight sides and straight solid bottom, and said tub shall have 
the following dimensions, viz : Fifteen inches in diameter across the top from 
inside to inside, and thirteen inches and three-quarters across the bottom from 
inside to inside, and twenty inches diagonal from inside chime to top. Any 
person or persons engaged in buying or selling oysters in this State and meas- 
uring the same in any measure contrary to the provisions of this section shall 
be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined 
ten dollars and costs. The person or persons upon failure to- pay said fine 
shall be imprisoned for a term of not less than twenty days nor more than 
thirty days in the county jail. The proceeds to go one-half to the informer and 
one-half to be paid over to the Collector of Oyster Revenue, for the use of the 
State. Any Justice of the Peace in any county of this State shall have jurisdic- 
tion to hear and determine all violations of this Section with the power to 
enforce its provisions. 

21 Del. Laws. Ch. 24S, §1 & 2. 

Seel ion 66A. Official Chart of Oyster Grounds — Requirements for Perma- 
nent Leases — Temporary Licence — Annual Survey — Marking Fees — Preserva- 
tion of Monuments — Penalty for Destroying — Future Leasing Regulations — 
Maintenance of Chart — Record of Leases — Power to Change Shape and 
Locations of Bottom, When— Additional Taxes. Tho survey and chart made 
under the direction of the commission created by Act of the General Assembly, 
approved April fifth, WO!), which chart bears date the first day of July. 1010, 
is hereby made the official chart of the survey of the Oyster Grounds of the 
Delaware Bay, including bottoms occupied on the date last aforesaid; and all 
new licenses issued by the Oyster Revenue Collector shall be issued and pre- 
pared in accordance with said official chart. 

Xo permanent lease for bottom within the boundaries described in Sect. 12, Ch. 
6H3, Volume 19, Laws of Delaware, as the same has been or may hereafter 
he amended, shall he granted, nor shall a license be issued, unless the boundaries 
of the same are laid out and established and clearly marked on the official 
chart. When application is made for a license, however, the Oyster Revenue 
Collector shall issue a temporary license which shall give the licensee the same 
rights as a permanent license; said temporary license shall be good only until 
a survey of said leased bottom can be made as hereinafter provided. Such 



LAWS RELATING TO OYSTERS. -it 

temporary licen.se shall be based upon approximate location of new bottom as 
marked out on the official chart. 

For the purpose of keeping the official chart up to date, the Oyster Revenue 
Collector shall, in the months of June. July and August, of the year 1911, 
cause a survey to be made of all portions of the bottom leased since .Inly the 
first, 1010, and shall cause the location of the same to be marked on the official 
chart, together with the date of such revision of the official chart; a like 
survey of all new portions of the bottom leased since the day of the revision 
of the official chart shall be made in the months of June, July or August of 
each and every year, and a like revision shall be made in the official chart. 

The Oyster Revenue Collector shall charge in addition to the fees now pro- 
vided by law, the sum of two dollars and fifty cents for each corner necessarily 
made in marking out the plot of new portions of the bottom desired to be 
leased, and the sum so charged by him shall be used in paying the expenses of 
the surveys provided for in the preceding paragraph. 

The Oyster Revenue Collector, for the purpose of assisting the making of any 
additional surveys, shall keep and maintain the survey monuments, signal 
towers, etc., established in the survey of 1910, above referred to, and any per- 
son who shall wilfully injure or destroy any of such monuments or towers or 
other property used for the purpose aforesaid shall be guilty of a misdemeanor 
and shall be punished by a fine or imprisonment within the discretion of the 
Court. 

No future lease, or modification of any existing lease resulting from the 
survey of 1910, shall be granted for oyster bottoms, the boundaries of which 
are so placed that the adjacent "turn rows" will be greater than twenty yards, 
if the adjacent vacant space remaining for licensing be less than two hundred 
and fifty yards. 

The Oyster Revenue Collector shall keep and maintain the official chart and 
shall permit the same to be examined and copied by any person upon request, 
lie shall also keep a book in which shall be recorded the leases made by him. 

If a person holding a license which is about to expire desires the bottom 
occupied by him licensed to another person, the Oyster Revenue Collector may 
compel that the shape and location of such bottom be changed, as far as may 
be practicable, to comply with paragraph six of this Section. Any license granted 
may be transferred by the licensee to any other person, provided the same 
shall not become effective until approved by the Oyster Revenue Collector; 
and provided further that the said Oyster Revenue Collector shall have the 
same authority to compel a change in I he shape and location of the bottom as 
in this paragraph provided. 

In addition to the rental for Oyster Bottoms and for tonnage tax now pro- 
vided for under existing law, on and after the first day of April next there 
shall be an additional annual tax of one dollar for each and every corner 
more than four in number of plots of bottom licensed as aforesaid for any one 
oyster plantation held by one lessee, which said sum shall be paid to the 
Oyster Revenue Collector; provided that two or more plantations held by one 
lessee, which are not separated at their nearest point by the distance of two 



48 LAWS RELATING TO OYSTERS. 

hundred and fifty yards shall be considered as one lot in fixing the tax on 
corners. 

26 Del. Laws, Ch. 154, §§ 1, 2, 3, 4, 5, 0, 7, S & 9. 

Section 67. Terrapin Eggs Protected — Penalty. No person shall take or 
destroy any terrapin eggs found, or collected, on or near the shore of any bay, 
river or stream in this State, where the water is salt, or upon any salt marsh, 
or beach, under penalty of forfeiting ten dollars; and any one having possession 
of such eggs, shall he deemed to have taken them there, unless he proves the 
contrary. 

Code 1S52, §969; 12 Del. Laws. Ch. 329. §9: 14 Del. Laws, Ch. 422, §9. 

Section 68. Terrapin in Indian River and Rehoboth Bay — Size Lawful to 
be Taken, Bought, Sold, &c— Penalty — Unlawful to Use Dredges — Penalty. 

It shall he unlawful for any person or persons to take, carry away, use, sell, 
or in anywise dispose of or buy or receive, any terrapin or terrapins taken or 
caught in or along Indian River and Rehoboth Bay or waters adjacent thereto, 
of less size than six inches on the lower or under shell, measuring lengthwise; 
hut it is and shall be the duty of all and every such person or persons so 
catching or taking any such terrapin or terrapins of less size than six inches 
on the lower or under shell, measuring as aforesaid, to put into or return hack 
(o said waters any such terrapin or terrapins so caught or taken; and any per- 
son or persons violating any of the provisions of this section shall forfeit and 
pay for each and every offense fifteen dollars, one-half for the use of the State 
and one-half to the person who may sue for the same, to lie recovei'ed with 
cost of suit as other debts of like amount are recoverable before any Justice 
of the Peace in Sussex County. 

It shall he unlawful for any person or persons to use any dredge or dredges 
for the purpose of catching or taking any terrapin or terrapins in said Indian 
River or Rehoboth Ray, or waters adjacent thereto; any person or persons 
violating this section shall forfeit and pay twenty dollars for each and every 
offense, one-half for the use of the State and one-half to any person who 
may sue for the same, to be recovered with cost of suit as debts of like amount 
are recoverable before any justice of the peace in Sussex County. 
13 Del. Laws. Ch. 43. r ,, §1 & 2; 14 Del. Laws, Ch. 420. §1. 

Section 69. Undersized Diamond Back Terrapin Unlawful to Catch or Have 
in Possession Between March i and August i in Sussex County. It shall 
not he lawful for any person or persons in Sussex County to catch or take or 
have in his. her or their possession any diamond back terrapin, which shall 
measure less than four lineal inches in the middle of its under shell, nor shall 
it. be lawful for any person or persons in Sussex County to have in his, her or 
their possession any diamond back terrapin at any time betweeu the first day 
of March and the first day of August in any year. And any person or persons 
who shall catch, take or have in his, her or their possession any diamond back 
terrapin which shall measure less than four lineal inches in the middle of its 



LAWS RELATING TO OYSTERS. 49 

under .shell or shall have in his, her or their possession any diamond back terra- 
pin between the first day of March and the first day of Augusi in any year, or 
who having caught or taken any diamond back terrapin in any seine, net. fyke. 
weir or fish pound or by means of any other device or in any other 
way between the first day of March and the first day of Augusi in any 
year, and shall not have returned at once such terrapin so taken to the 
wafers from which said terrapin were taken, shall be guilty of a misdemeanor, 
and upon conviction thereof before any Justice of the Peace in the Stale of 
Delaware shall be fined not more than five dollars, and for each and every terra- 
pin so taken or had in possession shall be fined not more than five dollars. 
24 Del. Laws, Oh. 151, § 1. 

Section 10. Snappers, Unlawful to Catch or Have in Possession Between 
March i and July i in Sussex County. It shall not be lawful for any person 
or persons in Sussex County to take by any means or device or manner or have 
in his. her or their possession at any time between the first day of March and 
the first day of July in any year any turtle commonly known as snappers, and 
any person or persons who shall catch or take or have in his, her or their posses- 
sion any such turtle between the said first day of March and the first day of 
July in any year shall be guilty of a misdemeanor, and upon conviction thereof 
before any Justice of the Peace in Sussex County shall be fined not more than 
five dollars, and for each and every turtle so taken or had in possession shall lie 
fined not more than five dollars. 

24 Del. Laws, Ch. 151, § 2. 

Section 11. Diamond Terrapin, Taking between October i and July i. 
Prohibited — Heifer, Unlawful to Catch or Keep Under 4 y 2 Inches Long — 
Penalty — Private Ponds Exempt. It shall be unlawful for any person or per- 
sons to catch or take, by any means whatsoever in this State, any diamond back 
terrapin from the first day of October until the first day of the following July, 
in each and every year. 

It shall be unlawful for any person or persons to catch or keep any heifer 
diamond back terrapin which measures less than four and one-half inches length 
wise on the bottom shell. 

Any person or persons violating any of the provisions of Ibis section shall be 
deemed guilty of a misdemeanor and upon conviction thereof shall pay a fine of 
not less than Five Dollars and not more (ban Ten Dollars for each terrapin so 
caught or taken, one-half of said fine to be paid (o the person or persons securing 
the arrest and conviction, and in default of the payment of such fine together 
with costs, shall be imprisoned for a term not exceeding ten days. 

Nothing herein contained shall prevent any person raising terrapin in a private 
pond. 

25 Del. Laws, Ch. 128, §§ 1, 2, 3 & 4. 

Section 12. Clams Protected— Penalty. It shall be unlawful to catch or take 
any clam or clams measuring less than two inches from hinge to mouth. 



50 LAWS RELATING TO OYSTERS. 

Any person violating the provisions of this Section shall be guilty of a misde- 
meanor and upon conviction shall forfeit and pay a fine of Ten Dollars for 
each offense, and in default of the payment of said fine shall be imprisoned for 
a period not exceeding thirty days, at the discretion of the Court. 
IT. Del. Laws, Ch. 130, §§ 1 & 2. 

Section 73. Lobsters Protected — Penalty. No person shall take or catch or 
have in his possession for sale after the same shall have been taken or caught any 
lobster weighing less than one pound, and it shall be the duty of any person 
who shall inadvertently take or catch any lobster of less weight than one pound 
to immediately return the same to the water. 

Any person violating the provisions of this Section shall be guilty of a mis- 
demeanor and upon conviction shall be fined not exceeding Ten Dollars for every 
lobster taken or caught or found in his possession for sale as aforesaid, and in 
default of the payment of said fine, together with costs, may be imprisoned for 
a term not exceeding thirty days, at the discretion of the Court. 
25 Del. Laws, Ch. 129, §§ 1&2. 



REPOKT OF SURVEY OF LEASED OYSTER BOTTOMS. 



By Charles Yates, 

U. S. Coast and Geodetic Survey, 

Consulting Engineer of Commission. 






INTRODUCTION. 

EXPLANATION. 

In view of the unusual character of the co-operation of the U. S. 
Coast and Geodetic Survey with the Delaware Oyster Survey Commis- 
sion in making the survey of the leased oyster bottoms of Delaware, it 
seems advisable to add certain details of explanation not contained in 
the "Report of Commission" in the first part of this publication. 

In the spring of 1909 while looking about for a solution of the 
problem of how the survey of the leased oyster bottoms of Delaware 
was to be made, a member* of the Delaware Oyster Survey Commission 
was referred to the representative of the U. S. Coast and Geodetic 
Survey on the work of the "Maryland Oyster Survey." 

This brought about considerable correspondence and several personal 
interviews between various officials of the Government and representa- 
tives of Delaware which finally resulted on October 16, 190!), in a letter 
from Hon. Simeon S. Pennewill, Governor of Delaware and Chairman 
of the Delaware Oyster Commission, to the Hon. Charles Nagel, Secre- 
tary of the Department of Commerce and Labor, asking for the co-opera- 
tion of the U. S. Coast and Geodetic Survey on the work of the 
"Delaware Oyster Survey." This letter after a preliminary explanation 
of its object stated in part: — 

" * * * it is asked that you granl authority to t lie Superintend- 
ed of 11k- Coasl and Goedetic Survey to designate an officer of liis 
Service as 'Consulting Engineer' to supervise the proposed survey, 
and to employ such experts * * * of the Survey * * * from time 
to time * * * as they can be spared without detriment to their 
regular work. 



♦Representative Waller Donoho. 



52 REPORT OF SURVEY. 

"The officer designated for this work and his assistants to be 
supplied with the necessary instruments * * * and granted 'furlough 
without pay' for such limited periods as they may be voluntarily 
employed on the Delaware Oyster Survey, with the understanding 
that their compensation shall be such as mutually arranged and 
provided for by the State of Delaware. 

" * * * it is understood that the triangulation and other work 
to be done in connection with the proposed operations will be an 
addition to the survey data of the Government which can be used 
in the future chart making surveys of the Coast and Goedetic Sur- 
vey, and in any harbor or channel improvement surveys that may 
be made under the direction of the U. S. Engineers in the locality 
covered by the triangulation. 

"It is not apparent how the proposed (oyster) survey can be made 
with the desired permanency and accuracy * * * without the co-oper- 
ation of the Coast and Goedetic Survey in some form. It is under- 
stood that this has been proven to be the case in other oyster sur- 
veys of other states, and it is hoped that you will give this request 
your favorable consideration." 



Prompt action was taken by the Department in reply to the above 
communication, and a few days later the following letters were written 
which designated the officer of the Coast and Geodetic Survey who was 
to act as "Consulting Engineer of the Delaware Oyster Commission" 
and which constituted his sole "orders" for that work: — 



Department of Commerce and Labor, 
Office of the Secretary, 

Washington, October 21, 1900. 
Sir: 

I enclose a letter from the Governor of Delaware and Chairman of the Dela- 
ware Oyster Survey Commission of October 16th, requesting a survey under 
Coast and Geodetic Survey supervision, of certain oyster grounds in the State of 
Delaware. 

You will please direct an officer with suitable qualifications to put himself in 
communication with Governor Simeon S. Pennewill, Chairman of the Delaware 
Oyster Survey Commission, at as early a date as practicable to take up the work, 
which, however, must be without expense to the National Government. 



REPORT OF SURVEY. 53 

I will authorize the detail for short periods of such officers and employees as 
are necessary for the prosecution of the work, provided they can l»e spared 
without detriment to the Service; and you are authorized to issue for use in the 
work such instruments, forms, etc., as may he necessary and can he spared with- 
out inconvenience to the Service. 

Respectfully, 

Ormsby McIIarg, 

Acting Secret a rii. 
To 

The Superintendent 

Coast dud Geodetic Survey, 

Washington, D. C. 



Department of Commerce and Labor. 
Coast and Geodetic Survey. 

Washington, Octoher 22, 1900. 
Sir: 

In conformity with the request of the Governor of the State of Delaware and 
as directed by the Honorable Secertary of Commerce and Labor, you will place 
yourself in communication with Governor Simeon S. Pennewill, Chairman of the 
Delaware Oyster Survey Commission, at as early date as practicable and arrange 
I', supervise the proposed survey of the oyster beds of (he State of Delaware. 

The survey is to be conducted without expense to the National Government. 
and you will apply for leave without pay for yourself and others who may be 
employed on the field work during such periods as are necessary and can be 
arranged for without interfering with other (Pities. 

All the expense of this work will be defrayed by the State interested, and you 
will please render all accounts in the manner customary in this Service and 
through the Disbursing Agent of the Coast and Geodetic Survey. 

Respectfully, 

F. W. Perkins, 
Acting Superintendent. 
To 

Mr. C. C. Yates, 

Assistant. Coast and Geodetic Survey, 
Custom House. Baltimore, Md. 



GENERAL STATEMENT OF WORK. 

It being desirable to confine a publication of this sort to matters of 

public interest as far as is compatible with its \\<v as a record and a 
document of reference in connection with future work of similiar char- 
acter, an attempt lias been made to obtain this end in this particular 



54 REPORT OF SURVEY. 

case by a series of a summary statements accompanied by references to 
sources of information available to any one who may require the omitted 
details. 

The Object of the Survey was to obtain exact information as to the 
location and extent of the leased oyster bottoms of Delaware in order 
to insure the collection of the correct amount of revenue derived from 
this source, and to provide for the survey and rental of the unoccupied 
bottoms suitable for oyster culture (see text of original Act on page 5 
of l/iis publication). 

The Results of the Survey entirely fulfilled its object as stated in 
the preceding paragraph; first, by publication of the "Chart of Leased 
Oyster Bottoms" (see folded chart at end of this publication) ; second, 
by technical engineering descriptions of the boundaries of the leased 
oyster bottoms (see pages 69 to 108 of this publication ) ; third, by nearly 
doubling the revenue received from the leased oyster bottoms (see 
Auditors statement on page 10 of this publication); fourth, by the 
recommendation of amendments to the oyster laws of the State of 
Delaware providing for the future method of controlling and leasing 
oyster bottoms (see text of amendments on pages s and 9 of this pub- 
lication). 

The Surveys of New Leased Oyster Bottoms of 1911 and 1912 pro- 
video! for by the amendments to the oyster laws mentioned in the preced- 
ing paragraph were under the indirect supervision of the Consulting 
Engineer but results of this work are not covered by the "Chart of 
Leased Oyster Bottoms" or the "Description of the Boundaries of 
Leased Oyster Bottoms" of this publication. 

Complete duplicate drawings showing the results of these two surveys 
were made by Mr. Tempelton Van de Bogert, the hydrographic engineer 
who had immediate charge of this work, and one of these has been tiled 
in the Library of the State of Delaware in the State House at Dover, 
and the other in the archives of the Coast and Geodetic Survey at 
Washington. 

The technical engineering description of the boundaries of the new 
leased oyster bottoms included in these surveys has been prepared by 
Mr. Van de Bogert in similiar form to those given in this publication 
and filed in the Library of the State of Delaware. 



REPORT OF SURVEY. 55 

The Chronology of the Survey covers the years 1909 to 1912, and 
complete details of the history of this work including full notes of all 
meetings of the Commission attended by the Consulting Engineer, are 
contained in the annual reports of the Consulting Engineer for years 
ending July 1st, 1911, 1912 and 1913, on file in the office of the Coasl 
and Geodetic Survey at Washington. 

The active field work of the original survey began November 29, 

1909, but was discontinued on account of the weather on January 10, 

1910. It was resumed again on May 18, 1910, and finally closed 
October 19, 1910. 

July 1st, 1910, was adopted as the official date for fixing the status 
of the leased oyster bottoms to be shown on the "Chart of Leased Oyster 
Bottoms" (see Section 1 of the amendments to oyster lairs on page 8 
of this publication). 

The field work of the surveys of the oyster bottoms leased subsequent 
to July 1, 1910, was carried on during the summer months of 1911 
and 1912. 

The office work connected with the survey, including the preparation 
of the drawing for the "Chart of Leased Oyster Bottoms," and the com- 
pilation of the data required for the "Description of the Boundaries of 
the Leased Oyster Bottoms" has been irregularly scattered through the 
entire period from the beginning of the survey to the date of this pub- 
lication. 

The Organization of the Survey was somewhat complicated by the 
conditions which made it necessary to carry on the work at such times 
as would not be detrimental to the regular work of the government 
under the charge of the Consulting Engineer. Changes in personnel 
were frequent, and all told there were about a dozen different technical 
experts in engineering and drafting employed on the work. This sub- 
ject is fully covered by the previously mentioned annual reports of the 
Consulting Engineer on file in the office of the Coast and Geodetic 
Survey at Washington, and partly covered by the statements made 
under the heading of "Appreciation" (see page :><'. of Hi is publication), 
and by the "Notes" on the face of the "Chart of Leased Oyster Bot- 
toms" (see folded chart at end of this publication). 

The Methods Employed <>n the Survey, briefly stated, were: first, 
the establishment of a framework of triangulation based on the standard 
datum of the U. S. Coast and Geodetic Survey; second, the construc- 
tion of a large scale chart with a projection based on the triangulation; 



56 REPORT OF SURVEY. 

third, the marking of the boundary corners of the leased oyster bottoms 
by stakes and tags; fourth, the location of the boundary corners by 
sextant angles and the plotting of their positions on the chart by hydro- 
graphic methods ; fifth, the graphic determination of the latitudes and 
longitudes denning the positions of the boundary corners required for 
their technical description; sixth, the preparation of the drawings 
and seventh, the necessary computations and other work leading to the 
preparation of the technical data contained in this publication. (For 
additional description of methods see text of this publication under 
heading of "T rising idation," on page 59, and under heading of "Boun- 
daries of Leased Oyster Bottoms" on page 69.) 

The Cost of the Survey was entirely borne by the State of Delaware 
but in conformity with his orders, all accounts of the Consulting Engi- 
neer were rendered in the manner customary in the Coast and Geodetic 
Survey and through the Disbursing Agent of that Service. These 
accounts were made in duplicate, the originals being forwarded to the 
Governor of Delaware, and the duplicates retained in the office of the 
Const mid Geodetic Survey. 

The estimates of cost of the Survey submitted to the Commission on 
February 8, 1910 (see pages 31 and 35 of the annual report of the 
Consulting Engineer to the Superintendent of the ('oust and Geodetic 
Surrey for the year ending June 30, 1911 ), amounted to $1,500, and 
the total expenditures including those of the preparation and publica- 
tion of the "Chart of Leased Oyster Bottoms" and of this document will 
not exceed that sum. 

APPRECIATION. 

The following statement is quoted from a report to the Superin- 
tendent of the Coast and Geodetic Survey made by the Consulting 
Engineer. It was not written with the thought that it would be pub- 
lished, as is evident from its personal tone. 

" * * * the Delaware Oyster Survey as a whole has heen a much 
more complicated and difficult undertaking than originally esti- 
mated, and it has occupied much more of my time and energy as a 
government official than would have been warranted if the difficulties 
of the survey could have been foreseen. 

"Although these difficulties were chiefly due to weather and the 
abandoning of the work by the engineer trained to do it. and could 
not have been anticipated, my obligation to complete the work in 



REPORT OF SURVEY. 57 

accordance with my original plans submitted to the Delaware Oyster 
Survey Commission was not removed. 

"Under these conditions, it was to be expected that I should devote 
much extra time to the Delaware Oyster Survey, including some 
holidays and Sundays, but tins is not the case of others who were 
connected with this work whom I shall mention below: 

"To Dr. IT. F. Moore of the U. S. Bureau of Fisheries I owe 
many thanks, not only for his successful efforts to economize on 
his part of the work so as to leave my funds as large as possible, 
but also for obtaining for me the services of the new engineer 
who was to carry on the work. Dr. Moore has displayed time and 
again the true spirit of co-operation in the work of his Bureau as 
it comes in contact with the work of the Coast and Goedetic Survey, 
and T take pleasure in expressing my appreciation of this fact. 

"To Miss A. Louise McCrone, the Coast and Goedetic Survey 
stenographer on the work of the Maryland Oyster Survey, who most 
cheerfully and with exceptional efficiency did a greater part of the 
work of preparing letters to all the lessees of oyster grounds in 
Delaware, the making of sketches of the lots to show the lot holders 
how their corners were to be staked and marked, the preparation 
of hundreds of tags to lie secured to the stakes, etc.. etc. All of 
which work was done voluntarily and at such times in office hours or 
over time as could he spared without detriment to her regular duties. 
In the latter part of the work Miss McCrone also rendered very 
valuable services in connection with the accurate plotting of the 
boundaries of the leased oyster plantations, which work was done 
with remarkable efficiency after very little training. 

"To Mr. Frank W. Seth, Surveyman in the Coast and Goedetic 
Survey, engaged on work of the Maryland Oyster Survey, for much 
valuable and generous assistance in the triangul.it ion computations 
and in compilation of data required for the Delaware Oyster Revenue 
Collector. This work was done voluntarily and without cost to 
either the government or the State of Delaware. Such public spirited 
and kindly actions are characteristics of Mr. Seth. 

"To Messrs. Ilildreth. Torrey and Moore of the Office of the 
Coast and Goedetic Survey at Washington, for very zealous and 
efficient services in preparing the 'Chart of Leased Oyster Bottoms' 
for publication. The special interest taken by these gentlemen in the 
preparation of this chart and the excellent results they obtained 
is greatly appreciated.. 

"To Mr. Van De Bogert, who came to the work through the 
courtesy of Dr. Moore, for most excellent services in taking up the 






58 REPORT OF SURVEY. 

field work of Mr. Borst and carrying it to a successful finish. Mr. 
Van De Rogert was not an experienced hydrographic engineer when 
lie commenced the work, but I feel now I can safely say that he is 
one. Mr. Van De Bogert's work on the survey of new leased oyster 
bottoms in 1911 and 1012 was well done, and I believe the State 
of Delaware was fortunate in securing his services for those sur- 
veys. 

"I also desire to express my appreciation of the many courtesies 
extended to me by Governor Pennewill, and the other members 
of the Delaware Oyster Survey Commission, Senator Connor, Senator 
Sheldrake, Representative Donoho and Representative Ainscow. 

"To Mr. J. Burton Wharton. Delaware Oyster Revenue Collector, 
who assisted the work of the survey in every way practicable. 

' ; To ex-Judge Daniel C. Hastings for his very courteous attention 
Id my ideas as to the needs of the State of Delaware in the way of 
amendments to her oyster laws, and especially for his clear coin- 
prehension of the subject as demonstrated by the efficient way in 
which he brought about their enactment. 

"And to many others, whom I met in Delaware in connection with 
my work, who as employees rendered good service on the survey, 
or who as citizens voluntarily furnished important information and 
other assistance." 



TRIANGULATION. 



EXPLANATION. 



The triangulation operations carried on in connection with the work 
of the Delaware Oyster Survey Commission had for their object the 
establishment of a surveying foundation suitable for the three more 
or less independent surveys classified as follows : 

1. Survey of private oyster plantations involving the hydrographic 
location and technical geographic definition of the boundaries of these 
leased oyster bottoms. 

2. Survey of public natural oyster beds involving hydrographic loca- 
tions required for the surveys of the IT. S. Bureau of "Fisheries in 
determining the "condition and extent of the natural oyster beds of 
1 )elaware." 

3. Future survey operations of the Government, or the State, that 
may be required for the preparation and publication of charts and 
maps, for improvement of waterways, for reclamation of swamp lands, 
or for other survey purposes which can not he foreseen. 

The methods employed on this work were those of the U. S. Coast 
and Geodetic Survey. The results obtained were the geodetic location, 
or re-location, of sixteen prominent objects on land or water, eight ot 
which were large signal towers erected by the Delaware Oyster Survey 
Commission. 

This means that each of these sixteen land and water marks are 
standard triangulation stations of the United States of known geodetic 
location which fixes fheir geographic relation to all other triangulation 
stations of the continent. It means also, that the actual positions of 
these sixteen triangulation stations can be definitely re-determined at 
any time, even though all monuments and oilier marks indicating their 
positions are entirely destroyed. Consequently, all surveying data 
obtained from the surveys based on the foundation of triangulation 
established for the Delaware Oyster Survey Commission lias a standard 
status in this respect which should be beyond dispute for all time. 



60 REPORT OP SURVEY. 

GEOGRAPHIC POSITIONS OF THE TRIANGULATION STATIONS. 

New standard triangulation stations are likely to be established in 
the locality covered by the surveys connected with the work of the 
Delaware Oyster Survey Commission, and new and more accurate 
determinations of the geodetic co-ordinates of the old triangulation sta- 
tions are likely to be secured. Therefore, it does not seem advisable to 
give geographic positions in this publication, especially, as this informa- 
tion, together with any new geodetic data that may have been acquired 
in the mean lime, can be obtained by applying to the U. S. Coast and 
( ieodetic Surrey at Washington. 

DESCRIPTION OF LOCATION OF TRIANGULATION STATIONS. 

In plotting and defining the boundaries of new leased oyster planta- 
tions by use of the official drawing of the chart of leased oyster bottoms 
filed in the Library of the State of Delaware, or in the use for any 
engineering purpose of the "Chart of Leased Oyster Bottoms" in this 
publication, or the map in the publication of the U. S. Bureau of 
Fisheries on the "Condition and Extent of the Natural Oyster Beds of 
Delaware, " it may become necessary to erect new triangulation signal 
towers in the place, of those which may have been destroyed. And in 
order that this can be done accurately, and also as a matter of con- 
venient record of the engineering basis used in the work of the Delaware 
Oyster Survey Commission,, full description of the locations of these 
triangulation stations are given under this heading. However, in this 
connection, attention is called to the fact that descriptions of location 
of any new United States standard triangulation stations established in 
the vicinity of the work of the Delaware Oyster Surrey Cominission 
after the dale of I his publication, can be obtained by applied/ ion l<> I he 
U. S. Coast and Geodetic Survey at Washington. 

The method of describing these triangulation' stations requires no 
explanation other than a few comments as to the meaning of the data 
given under "References." In the first column under this sub-heading, 
the quotation marks indicate triangulation stations. In the second 
column, the angles given indicate directions' measured from left to right 
(clockwise) from a zero direction adopted as an initial, and have no 
reference to geographic bearings. And in the last column, the distances 
given are approximate unless stated in meters when they can be accepted 
;is having been carefully measured. 



REPORT OF SURVEY. 
AINSCOW SIGNAL TOWER. 



61 



General Locality. — Western shore of Delaware Bay about '.'> miles southeast of 
Bowers Beach and ] /4 mile southeast of Sandy Point (see arrows on "Chart of 
Leased Oyster Bottoms" pointing to position outside of limits of chart.) 

Immediate Locality. — Triangulation station is on a sandy beach about 1 foot 
above high water, 55 yards southwest, of shore at low water, 300 yards southeast 
of a shack at Bennetts Pier, and in center of square formed by cement piers sup 
porting legs of signal tower. 



Marks. — Triangulation station is marked by center point of triangle on cement 
monument about 2 feet long and S inches square projecting 6 inches above sur- 
face. Top of monument is marked with letters I>. ( >. S. C. arranged around 
vertex of triangle and letters U. S. ( !. S. underneath base of triangle. Sub-surface 
mark is center of 3-inch tile pipe buried with top 2 inches below base of monu- 
ment. 



References. — 

"Fourteen Foot Bank Light" 

Chimney of shack near shore 51 

East chimney of house 124 

Bight, tangent of Beach Hotel at 

Bowers Beach 229 

Bight tangent of shack at Ben- 
netts Pier 230 

"Donoho Signal Tower" 230 

"Elbow of Cross Ledge Light" 301 

'Old Cross Ledge Light" 320 



00 
30 
49 



00 



9 miles. 
% mile. 
1 mile. 

3V. miles. 



02 




10 


10 


09 


4r, 


05 


.-,.-, 



300 

■ ii ! i 
.10% 



yards, 
miles, 
miles, 
miles. 



BOMBAY (1910). 



General locality. — 'Western shore of Delaware Bay on Bombay Hook Point 
about 2% miles southeast of Woodland Beach (see map in publication of U. 8. 
Bureau of Fisheries on "Condition and Extent of Natural Oyster Beds of Dela- 
ware"). 

Immediate Locality. — Triangulation station is on a sand beach about 1 foot 
above high water. 30 yards west of shore, and 50 yards north of a ditch. 



Marks. — Triangulation station is marked by center point of triangle on cement 
monument about 2 feet long and 8 inches square projecting 6 inches above sur- 
face. Top of monument is marked with letters D. O. S. C. arranged around 
vertex of triangle and letters TT. S. C. S. underneath base of triangle. Sub- 
surface mark is center of 3-inch tile pipe buried with top 2 inches below base of 
monument. 



62 



REPORT OF SURVEY. 



References. — ■ c ' " 

"Cohansey Light" 00 00 4^. miles 

"Ship John Shoal Light" 35 30 00 3 1 /! miles 

"Leipsic (1910)" 01 IS 

Fishing shack 107 31 

East chimney of house 136 53 

Pole on merry-go-round at Wood- 
land Beach 246 53 2y 2 miles. 



10 4% miles. 

2 miles. 

% mile. 



CONNER SIGNAL TOWER. 

General Locality. — Western shore of Delaware Bay at Pickerings Beach 
about 3'/i miles south of Mahon River Light, 2 1 /-> miles north of Kitts Hummock, 
and 1% miles south of mouth of Little Creek (.see "Chart of Leased Ouster Bot- 
toms"). 

J in mediate Locality. — Triangulation station is on marsh just west of sand 
beach about on level with high water, 70 yards west of shore, 25 yards northeast 
of road near several small buildings, and is center of square formed by cement 
piers supporting legs of signal tower. 

Marks. — Triangulation station is marked by center point of triangle on cement 
monument about 2 feet long and S inches square projecting 7 incnes above sur- 
face of ground. Top of monument is marked with letters D. O. S. C. arranged 
around vertex of triangle and letters U. S. C. S. underneath base of triangle. 
Sub-surface mark is center of 3-iiich tile pipe buried with top 2 inches below base 
of monument. 



References. — ° ' 

"Old Cross Ledge Light" 00 00 

Southwest corner of shack 7 39 

"Fourteen Foot Bank Light" 37 30 

Northwest corner of barn 46 00 

"Sheldrake Signal Tower" 90 15 

North gable of hotel at Kitts 

Hummock 91 02 

East cupola of barn 160 22 

West chimney of house 167 19 

Chimney of small house 187 13 

Church cupola at Little Creek 233 05 

"Pennewill Signal Tower" 282 18 

"Mahon River Light" 28S 49 

"Elbow of Cross Ledge Light" 348 34 



00 9% miles. 

10 19.25 meters. 

50 13% miles. 

15.22 meters. 

00 2y 2 miles. 

2% miles. 

% miles. 

IVs, miles. 

% miles. 

2Y-2 miles. 

40 1% miles. 

10 3% miles. 

00 8% miles. 



BEPOJST OF SURVEY. 63 

COHANSEY LIGHT. 

General Locality. — Eastern shore of Delaware Bay on western shore of Cohan- 
sey Creek about 2% miles north-northeast of Ship John Shoal Light, and nearly 
opposite Bombay Hook Point (see map in publication of U. 8. Bureau of Fish- 
eries on "Condition and Extent of Natural Oyster Beds of Delaware"). 

Immediate Locality. — Triangulation station is on a frame dwelling on iron 
piles known as Cohansey Light House. 

Marks. — Triangulation station is center point of lantern on Cohansey Light 
House. 

References. — (None necessary. 



DONOHO SIGNAL TOWER. 

General Locality. — Western shore of Delaware Bay at Bowers Beach on south 
side of entrance to St. Jones River (see "Chart of Leased Oyster Bottoms") . 

Immediate Locality. — Triangulation station is on a marsh meadow about 2 feet 
above high water, 300 yards west of shore, 100 yards south of St. Jones River. 
300 yards southeast of St. Jones Wharf, 5G yards northeast of road, and in center 
of square formed by cement piers supporting legs of signal tower. 

Marks. — Triangulation station is marked by center point of triangle on cement 
monument about 2 feet long and S inches square projecting 6 inches above sur- 
face. Top of monument is marked with letters D. O. S. C. arranged around ver- 
tex of triangle and letters U. S. C. S. underneath base of triangle. Suh-surface 
mark is center of 3-inch tile pipe buried with top 2 inches below base of monu- 
ment. 

References. — ° ' " 

"Old Cross Ledge Light" 00 00 10% miles. 

Chimney of Flack cottage 75 47 400 yards. 

"Ainscow Signal Tower" 80 27 20 3'/_> miles. 

Broken flagstaff on Beach Hotel.. 88 42 10 y± mile. 

Chimney of Flack cottage on 

west side of road 109 15 300 yards. 

Methodist Church spire 145 10 50 y 2 mile. 

Cupola on Hubbard barn 15S 09 % mile. 

East gable of St. Jones Wharf 

House 257 01 300 yards. 

"Sheldrake Signal Tower" 30S 02 10 2% miles. 

"Elbow of Cross Ledge Light" 34S 48 20 10% miles. 



G4 REPORT OF SURVEY. 

ELBOW OF CROSS LEDGE LIGHT. 

I hi mediate Locality. — Eastern side of main ship channel in Delaware Bay 
about 6% miles east of Mahons River Light and 0% miles west of Egg Island 
Light (see "Chart of Leased Oyster Bottoms''). 

I hi mediate Locality. — Triangulation station is on an octagonal dwelling on a 
cylindrical foundation known as the new Elbow of Cross Ledge Light House. 

Marks. — Triangulation station is center point of lantern on Elbow of Cross 
Ledge Light House. 

References. — None necessary. 



FOURTEEN FOOT BANK LIGHT. 

General Locality. — Western side of main ship channel of Delaware Bay about 
\lV-2, miles east of Bowers Beach (see "Chart of Leased Oyster Bottoms'''). 

Immediate Locality. — Triangulation station is on a tower on eastern side of 
dwelling on cylindrical foundation known as Fourteen Foot Bank Light. House. 

Marks. — Triangulation station is center point of lantern on Fourteen Foot 
Bank Light House. 

References. — None necessary. 



LEIPSIC (1910). 

General Locality. — Western shore of Delaware Bay on Goose Point about % 
mile north of entrance to Leipsiz Creek (see map in publication of U. 8. Bureau 
of Fisheries on "Condition and Extent of Natural Oyster Beds in Delaware"). 

I in mediate Locality. — Triangulation station is about 2 feet above high water. 
100 yards west of shore, and 300 yards northeast of a pond in marsh. 

Marks. — Triangulation station is marked by center point of triangle on cement 
monument about 2 feet long and S inches square projecting 8 inches above surface 
of ground. Top of monument is marked with letters D. O. S. C. arranged around 
vertex of triangle and letters U. S. C. S. underneath base of triangle. Sub-surface 
mark is center of 3-inch tile pipe buried with top 2 inches below base of monu- 
ment. 



REPORT OF SURVEY 

References. — ° ' 

"( Johansey Light" 00 

"Ship John Shoal Light" 1 03 

"Elbow of Cross Ledge Light'" 105 34 

Chimney of fishing shack 304 40 

"Bombay (1910)" 315 12 



65 



00 6% miles. 

.10 3% miles. 

50 10% miles 

4 miles. 

10 4% miles. 



MAHON. 



General Locality. — Western shore of Delaware Bay about X A mile south of 
Mahons River Light (see '•Chart of Leased Oyster Bottoms".) 

Immediate Locality. — Triangnlation station is on marsh about on level with 
high water, 250 yards west of shore. 2."> yards northwest of wagon road, and 1U0 
yards south-sonthwest of fork of road, and in center of triangle formed by 
cement piers supporting legs of tripod signal. 

Marks. — Triangnlation station is marked by center of drift pin in center of a 
concrete block about 4 feet, square, with top about 4 inches below on surface. 



References.— ° ' 

"Mahons River Light" 00 

Chimney of Hendrickson store 35 31 

"Elbow of Cross Ledge Light" 01 49 

"Cross Ledge Light" 10<> 38 

"Old Light House Tower" 1G3 38 

East chimney of house 25S 17 

Chimney of small fishing shack 344 33 



00 14 mile. 

14 mile. 

10 7 miles. 

00 8% miles. 

00 % mile. 

iy 2 miles. 

% miles. 



MI AH MAUL LIGHT FOUNDATION. 

General Locality. — Eastern side of main ship channel in Delaware Ray about 
2% miles south-southeast of Old Cross Ledge Light (see '■('hail of Leased Oyster 
Bottoms".) 

Immediate Locality. — Triangnlation station is on a cylindrical foundation of 
unfinished structure to be known as Miah Maul Light House. 

Marks. — Triangula tion station is vertical staff erected in center of foundation 
in proposed position of light. 



References. — None necessary. 



66 REPORT OF SURVEY. 

MAHON RIVER LIGHT. 

General Locality. — Western side of Delaware Bay on western shore of Mahon 
River about l A mile northwest of entrance to Mahon River {see "Chart of 
Leased Oyster Bottoms"). 

Immediate Locality. — Triangulation station is on a frame dwelling on iron 
columns known as Mahon River Light House. 

Marks. — Triangula tion station is center point of lantern on Mahon River Light 
House. 

References. — None necessary. 



OLD LIGHT HOUSE TOWER. 

General Locality. — Western shore of Delaware Bay about ^ mile south of 
Mahon River Light and 1V± miles north-northeast of entrance to Little Creek 
(see "Chart of Leased Oyster Bottoms"). 

Immediate Locality. — Triangulation station is on an old abandoned frame light 
house about 20 yards off shore, in the approximate position occupied by the origi- 
nal light tower, and is situated in center of square formed by four upright posts. 

Marks. — Triangulation station is a nail in the center of four upright posts 
which were the corner posts of the light tower. 

References. — None necessary. 



OLD GROSS LEDGE LIGHT. 

General Locality. — Eastern side of main ship channel of Delaware Bay about 
2% miles southeast of Elbow of Cross Ledge Light and 2% miles north-northwest 
of Miah Maul Light (see "Chart of Leased Oyster Bottoms") . 

Immediate Locality. — Triangulation station is on mansard roof dwelling on a 
granite foundation known as Old Cross Ledge Light House. 

Marks. — Triangulation station is center point of lantern on Old Cross Ledge 
Light House. 

References. — None necessary. 



REPORT OF SURVEY. 67 

PENNEWILL SIGNAL TOWER. 

General Locality. — Western shore of Delaware Bay near month of Little Creek 
about 1% miles south-southwest of Mahon River Light (see "Chart of Leased 
Ouster Bottoms"). 

Immediate Locality. — Triangnlation station is on marsh at northern side of 
entrance to Little Creek about 1 foot above high water, 55 yards northwest of 
shore, 400 yards northwest of point between Delaware Bay and Little Creek, and 
in center of square formed by cement piers supporting legs of signal tower. 

Marks. — Triangulation station is marked by center point of triangle on cement 
monument about 2 feet long and S inches square projecting 6 inches above surface 

of ground. Top of monument is marked with letters I). O. S. C. arranged around 
vertex of triangle and letters U. S. C. S. underneath base of triangle. Sub- 
surface mark is center of 3-inch tile pipe buried with top 2 inches below base of 
monument. 

References. — 

"Mahon River Light" 00 00 1% miles. 

Chimney of Hendrickson store. ... 1 57 1% miles. 

"Elbow of Cross Ledge Light" 04 47 10 7Vj miles. 

"Old Cross Ledge Light" 74 54 00 miles. 

Chimney of small house 194 02 2 miles. 

East chimney of house lii'."! 27 1% miles. 

Windmill at Little Creek 250 20 2% miles. 

North chimney of house 200 14 1% miles. 



SHIP JOHN SHOAL LIGHT. 

General Locality. — On eastern side of main ship channel in Delaware Bay 
about. 2% miles south-southwest of Cohansey Creek, and 3% miles east of Bom- 
bay Hook Point (sec map in publication of U. 8. Hunan of Fisheries on "Condi- 
tion and Extent of Natural ouster Beds in Delaware"). 

Immediate Locality. — Triangulation station is on a L-story octagonal dwelling 
on a cylindrical foundation known as Ship John Shoal Light House. 

Marks. — Triangulation station is center point of lantern on Ship John Shoal 
Light House. 

References. — None necessary. 



68 



EU POST OF BUBVBT. 
sill'.l.l (RAKE SIGNAL TOWER. 



General Locality. Western shore of Delaware Bay .-it Kins Hummock about 
■J 1 ., miles north of Bowera Beach {s& "Chart of heated Oyster Bottoms"). 

Immediatt Locality. Triangulation station La on Band beach about - feel above 
blgb water, ~:< yards weal of shore, B yards west of sand ridge •"• feel higher than 
station, •':<» yards south of ;i Bummer cottage, aboul on line with center <>f row 
of i "t(.iu'''s. ami in center of Bquare formed by cement piers supporting legs of 
signal town-. 

Marks. Triangulation station Is marked by center poinl of triangle on cement 
monument about - feel long and 8 inches Bquare projecting _ Laches above Burface 
of pound. Top of monument is marked with letters l ». < >. S. 0. arranged around 
rertes of triangle :in<l letters U. S. C. S. underneath base of triangle. Sub-surface 
mark Is center of ;i 3 Loch tile pipe buried with top - Laches below base of monu- 
ment 



/,'<•/, /•, nces. — ° 

"Old Gross Ledge Light" <> 

"Fourteen Fool Bank Light" 43 

South chimney of house 211 

"Conner Signal Tower" 285 

"Mahon River Light" i M .»<; 

"Elbow of Cross Ledge Light" '>\1 



00 00 «>", miles. 

K! 00 12 miles. 

17 l mile. 

16 50 2% miles. 

(>!> .V : , miles. 

38 00 8% miles. 



BOUNDARIES OF LEASED OYSTER BOTTOMS. 

EXPLANATION. 

The difficulties of accurately locating and permanently defining the 
boundaries of a farmer's plantation on land, even with the aid of monu- 
ments, public roads, streams of water, and other points of reference, are 
often great, judging from the disputes arising from (his source. But 
be that as it may, there can be doubt as to the difficulties of accurately 
locating and permanently defintimg the boundaries of an oysterman's 
plantation situated under water at a distance off shore from one to six 
miles as is the case with the leased oyster bottoms of Delaware.* 

There is only one point on the earth's surface at the intersection of 
any one parallel of latitude and any one meridian of longitude, and 
therefore, there can be no dispute as to the meaning of such ;i geographic 
definition of the location of a point, even though all the original triangu- 
lation station marks used in its determination together with the chart 
on which its position was originally plotted have been totally destroyed. 

In the case of the destruction of an original triangulation station 
mark, or any other point defined by a geographic position, a competent 
geodetic engineer can re-establish its exact location by means of a new 
system of triangulation connecting with other distant triangulation sta- 
tion marks which have not been destroyed. Tn the case of the destruction 
of the chart 'on which the position of any point on the earth's surface 
was originally plotted, this point can be re-plotted by its geographic 
position with any degree of accuracy permitted by the scale of any new 
chart constructed for that purpose. 

If there he no question at the time of the original location and legal 
adoption of a geographic definition of the location of a point by a given 
latitude and longitude, there can be no technical or legal question after- 
wards as to its exact meaning, or as to the exact re-determination of the 
location of this point, be it either on land or water at its newly deter- 
mined position, or on a new chart in its newly plotted position. 

For these reasons, the method of defining the location of boundary 
points by latitudes and longitudes (geographic positions) was adopted in 
the survey of the leased oyster bottoms of Delaware. This method is 

*See "Chart of Leased Oyster Bottoms" at end of this publication. Also see 
page 55 of this publication for a brief statement of "the methods employed on the 
survey. 



70 REPORT OF SURVEY. 

more or less an innovation in oyster surveys which was first used in con- 
nection with the work of the Maryland Oyster Survey. It possesses so 
many undoubted advantages, and at the same time is so simple in prin- 
ciple and application when once understood, that its adoption by other 
oyster surveys of other States than Maryland and Delaware seems prob- 
able. 

SURVEYING METHODS FOR RE-LOCATION OF BOUNDARIES. 

There are two problems that are likely to present themselves to those 
interested in the boundaries of leased oyster bottoms, one, to determine 
whether the stakes or buoys marking the boundary corners have been 
dragged or otherwise moved from their correct positions, and the other, 
to re-locate or re-establish a stake or buoy at the point from which it was 
removed. 

There are a number of different ways that can be used in solving 
these two problems, and the one which should be selected will partly 
depend upon the instruments possessed by the engineer and partly on 
his training and experience, but only two of these methods which seem 
to be the most practical in application will be described. 

The first method involves the measurement of sextant angles between 
three or more tri angulation station marks. These angles being observed 
from the actual position on the water of the point of the boundary to be 
re-located. This is often called the hydrographic method, and is the one 
which is best suited for the purpose of re-location of the boundary points. 
Besides it has the advantage of being available whenever three triangu- 
Lation station marks of proper relative positions are visible from the 
off-shore point needing re-location. 

Most engineers and others familiar with the use of the sextant are 
well acquainted with the graphic three-point method of fixing a position 
on water, and only a brief description of the operation will be given. 

In case there is only one engineer having a single sextant, the three- 
point method can be used if the two angles which are formed at the 
point of the boundary to be re-located by the three selected triangulation 
station marks are known. {Note. — See page 72 for method of calculat- 
ing these angles.) Having these two angles, the engineer proceeds to 
the stake or buoy of doubtful location and measures the actual sextant 
angles between the three selected marks. If the measured and calculated 
angles do not agree, the stake or buoy is not in its correct position and 
the boundary corner must be re-located. This is accomplished by mov- 
ing the boat about until a point is reached where the angles do agree, 



REPORT OF SURVEY. 7l 

and this point being the desired location, the stake or buoy can be placed 
in its correct position. 

If the engineer can obtain the use of both a sextant and a three-arm 
protractor (position tinder), the availability of the hydrographic method 
is increased. For example, the engineer can proceed to the stake or 
buoy of doubtful position and measure the two adjacent sextant angles 
between the three triangulation marks selected. These two angles are 
set off on the three-arm protractor and the actual position of the stake; 
or buoy plotted on the chart by shifting the protractor about until the 
edge of each of the three arms passes through the center of the symbols 
on the chart marking the position of the three triangulation station 
marks. The center of the hub of the protractor will indicate on the 
chart the actual position of the stake or buoy, and if the point thus 
obtained does not coincide with the true position of the corner of the 
boundary as given on the chart, the surveyor can proceed to locate the 
stake or buoy correctly by reversing the operation. 

This is done by placing the center point of the hub of the protractor 
over the corner of the boundary in question and measuring on the chart 
the two adjacent angles between the three selected triangulation station 
marks. One of the angles thus obtained is set on the sextant and the 
boat moved about until the two land marks are shown by the sextant to 
subtend the same angle obtained from the protractor. The second angle 
is then placed on the sextant and the same operation gone through, and 
so on, first using one angle on the sextant, then the other, until a point 
is reached where both observed sextant angles are practically identical 
with the protractor angles. The point thus located is the desired one 
ami the stake or buoy can be placed to mark the true position of the 
corner of the boundary in question. 

If the engineer possesses two sextants and a protractor, this problem 
is far easier of solution, as the two angles can be set off on separate 
sextants and the observer can quickly find the desired point where they 
agree with the protractor angles by using one sextant after the other 
without the need of re-setting either. 

If there are two observers, two sextants, and a protractor, it can be 
seen that the best condition for both a rapid and an accurate hydro- 
graphic location of a point is attained. 

The second method involves the measurement of angular directions 
which intersect on the water at the 1 point of the boundary to be re-located. 
These directions being observed at two or more triangulation station 
marks. 



72 REPORT OF SURVEY. 

This method will be readily understood by engineers accustomed to 
the use of a transit or a theodolite. The instrument is set over a triangu- 
lation station mark and the angle of the direction of the point of the 
boundary to be located is laid off. (Note: See page 72 for m&thod of 
calculating these angular directions.) This establishes a range line on 
which the desired point must be located, and on which a stake or other 
mark can be placed in the water near the position it is desired to 
re-locate. A similar process is then carried on at a second triangula- 
tion station, and so on, until the position of the desired point is satis- 
factorily fixed. 

Tf there are two engineers with instruments at two suitably selected 
triangulation stations, and a third person on the water in a boat who 
understands certain pre-arranged signals from the two observers at the 
triangulation stations, a stake or other mark can be placed at the desired 
point with very little difficulty. 

Although the method just described may appear more simple than the 
first method, it is not the case as is well known by engineers familiar 
with both methods. In fact, the first method, requires only one hydro- 
graphic engineer on a launch, while the second method requires two 
engineers at triangulation stations and one on a launch to obtain results 
that will compare in speed and accuracy with those that can be obtained 
by the one hydrographic engineer. 

There are two methods of obtaining the angles and directions required 
by the two surveying operations described in the preceding. One, being 
the graphic method which is sufficiently accurate for ordinary purposes, 
and the other, being the computation method which gives absolutely 
accurate results but which on account of the additional labor involved 
is not so convenient as the former. 

The graphic method involves the use of the published "Chart of 
Leased Oyster Bottoms," (or preferable the use of the official drawing of 
the leased oyster bottoms of Delaware on file in the Library of the State 
of Delaware), for the purpose of the graphic measuring of the required 
angles by means of a protractor. 

The computation method involves the calculation of the desired 
angles by means of azimuths (geographic directions) computed from the 
known geographic positions of the triangulation station marks and the 
boundary points involved. This method besides being accurate is easily 
carried out by any one trained in geodetic computations. However, as 
it presents certain difficulties to those not trained in this class of work, 
it is recommended only in cases of dispute requiring great accuracy for 
their settlement. 



REPORT OF SURVEY. 73 

METHOD OF DESCRIBING BOUNDARIES. 

The method adopted for the description of the boundaries of the leased 
oyster bottoms of Delaware is very simple as each description is arranged 
in a tabular form thus avoiding many hundred repetitions of the same 
words by one explanation which applies to all the leased oyster planta- 
tions of the State. 

Heading. — At the top of each tabular description is given the name 
of the lessee of this property on the date of July 1, 1910. On the left 
hand end of the first line in parenthesis under the name of the lessee 
and after the sub-heading of Location, is given the distance in statute 
miles and the compass direction from Mahons River Light of Corner No. 
1 of the particular leased oyster plantation being described." And on this 
same line on its right-hand end after the sub-heading of Area, is given 
the number of acres in the leased oyster bottom being described. As sev- 
eral entirely separate leased oyster plantations often belong to the same 
person, the Location and Area given in the heading will often be use- 
ful in determining which leased bottom of the lessee is bejng described 
without the trouble of obtaining this fact by plotting the geographic 
positions of its corners. 

First Column. — The first column of the tabular form under the head- 
ing of Corner Number contains the adopted numbers designating the 
corners of the leased oyster bottom being described. These numbers 
were usually assigned by calling the upper northwest cornor No. 1, and 
then proceeding in a clock-wise direction around the leased area. 

Second and Third Columns. — The second and third columns of tin 1 
tabular form under the headings of Latitude and Ijongitude, give 
the geographic position of the corresponding corner indicated on the 
same line by the number in the first column. 

These geographic positions have been adopted by the Delaware Oyster 
Survey Commission as the primary technical definition of the location 
of the corners, and should be considered as final in case of a dispute aris- 
ing from discrepancies caused by other means of location. The latitudes 
and longitudes given in these columns are based on the United States 
standard datum of the Coast and Geodetic Survey, and the points thus 
defined can he re-located from distant triangulation stations of the Sur- 
vey, even though all the triangulation marks originally used for their 
location have been destroyed. 

*!see "Chart of Leased Oyster Bottoms" at end of this publication. 



74 REPORT OF SURVEY. 

Two methods can be used in calculating the geographic positions 
required for the description of the boundaries of the leased oyster bot- 
toms. One, by graphic measurement of the latitudes and longitudes of 
the position of the boundary points as plotted on any chart having a 
standard latitude; and longitude projection, and the other, by the geodetic 
computation of the latitudes and longitudes desired. But it does not 
matter technically or legally which method is used as long as the result- 
ing geographic positions are legally adopted because these adopted defi- 
nitions then become indisputable and possess all the permanency aud 
accuracy obtainable, even though it should happen to be the fact that 
the actual positions of these points were not exactly identical with the 
points as actually defined by the adopted geographic positions. 

BOUNDARIES LOCATED IN 1911 AND 1912. 

The leased oyster bottoms described in this publication include only 
those boundaries of oyster plantations held by lessees on July 1, 1910. 
(Sec Section No. 1 of text of "Act in relation to the leasing of oyster 
hoi loins" on page 8 of this publication. ) 

After that date a large number of new oyster bottoms were leased and 
many changes made in the boundaries of the old oyster plantations. 

These new boundaries were surveyed in the summers of 1911 and 
1912 by Mr. Templeton Van de Bogert, the hydrographic engineer who 
did a greater part of the hydrographic work of the original survey. Mr. 
Van de Bogert has defined all the new boundaries surveyed by him in 
the same manner adopted in defining the leased bottoms of the original 
surveys recorded in this publication. And he has filed the manuscript 
of these descriptions of new boundaries in the Library of the State of 
Delaware, along with the official drawing of the chart of the leased 
oyster bottoms which he has corrected for the surveys of 1911 and 1912. 

DESCRIPTION OF BOUNDARIES OF OYSTER BOTTOMS UNDER LEASE ON 

JULY 1, 1910. 

Explanation. — The following descriptions are arranged alphabetically 
according to the name of the lessee of the bottoms being described. 
Where one lessee has two or more lots they are arranged according to 
their acreage, the larger ones being placed first. (See the "Chart of 
Leased Oyster Bottoms" at the end of this publication for the plotted 
positions of the areas described, and see page 73 for an explanation of 
the. "Method of Describing Boundaries/') 



REPORT OF SURVEY. ( O 

RICHARD BUGKALOO. 

(Location: 3% miles S. E. — % E. of Mahons River Light. Area: 4S acres.) 

Corner Latitude. Longitude. 

Number. ° ' " ° ' 

1 39 OJ 31.48 75 20 42.96 

2 3D 09 38.04 75 20 22.28 

3 39 09 27.48 75 20 14.40 

4 39 09 23.04 7.". 20 29.76 

5 39 09 22.40 75 20 35.88 



RICHARD BUGKALOO. 

(Local ion: 4 miles S. by E. — % E. of Mahons River Light. Area: 12 acres.) 

Corner Latitude. Longitude. 

Number. ° ' " ° ' " 

1 39 08 01.72 75 22 00.20 

2 39 08 05.9G 75 21 53.52 

3 39 08 00.90 75 21 4S.08 

4 39 07 55.04 75 21 53.00 



RICHARD BUCKALOO. 

(Location: 2y 2 miles S. E. of Mahons River Light. Area: 11 acres.) 

Corner Latitude. Longitude. 

X umber. ° ' " 

1 39 09 42.S1 75 21 51.00 

2 39 09 43.72 75 21 47.28 

3 39 09 32.30 75 21 43.92 

4 39 09 31.10 75 21 59.32 



RICHARD BUCKALOO. 

(Location: 4y s miles S. by E. — % E. of Mahons River Light. Area: 10 acres.) 

Comer Latitude. Longitude. 

Number. * ' " ' 

1 39 07 50.88 75 21 58.70 

2 39 07 53.88 75 21 4S.72 

3 39 07 49.48 75 21 45.24 

4 39 07 45.4S 75 21 50.28 



76 REPORT OF SURVEY. 

JOHN T. BUCKSON. 

{Location: 2 miles S. E. — % E. of Mahons River Light. Area: Gl acres.) 

Corner Latitude. Longitude. 

Number. ° ' " 

1 39 10 12.20 75 22 09.48 

2 39 10 12.2S 75 21 57.40 

3 39 10 07.88 75 21 50.04 

4 39 09 43.32 75 21 53.2S 

5 39 09 43.80 75 22 04.30 

39 10 05.04 75 22 07.96 



JOHN T. BUCKSON. 

{Location'. 3% miles S. E. — % E. of Mahons River Light. Area: 20 acres.) 

Corner Latitude. Longitude. 

Number. ° ' " ° ' " 

1 39 09 20.84 75 20 41. 1G 

2 39 09 23.04 75 20 25.04 

3 39 09 1G.G4 75 20 23.32 

4 39 09 13.32 75 20 30.44 



RoiLD & Mclaughlin. 

{Location: 5y L . miles S. — y 4 E. of Mahons River Light. Area: 139 acres.) 

Corner Latitude. Longitude. 

Number. ° ' " " ' " 

1 39 0G 22.3G 75 23 05.40 

2 39 0G 24.68 75 22 43.8S 

3 39 05 53.96 75 22 32.70 

4 39 05 50.92 75 22 58,70 



REPORT OF SURVEY. 77 

BOULrD & Mclaughlin. 

(Location: 6% miles s. E — % S. of Mahons River Light.. Area: 63 acres.) 

Corner Latitude. Longitude. 

Number. " ' " ° ' " 

1 39 07 13.00 75 IS 08.7(5 

2 39 07 1S.G4 75 17 52.SS 

3 39 07 03.4S 75 17 3S.0S 

4 39 00 55.92 75 17 51.60 



bould & Mclaughlin. 

{Location: 0^4 miles S. E — y± S. of Mahons River Light. Area: 44 acres.) 

Corner Latitude. Longitude. 

Number. ° ' " ° ' " 

1 39 07 32.08 75 18 44.04 

2 39 07 34.92 75 IS 31.36 

3 39 07 1S.92 75 18 22.80 

4 39 07 14.52 75 18 36.16 



bould & Mclaughlin. 

(Location: 3% miles S. S. E.— % E. of Mahons River Light. Area: 42 acres.) 

Corner Latitude. Longitude. 

Number. • ' " ° ' » 

1 39 08 1S.S0 75 21 31.16 

2 39 08 16.92 75 21 12.8S 

3 39 08 07.68 75 21 08.72 

4 39 08 00.4S 75 21 22.28 



ISAAC M. BURRLS. 



(Location: 2% miles S. E.— % E. of Mahons River Light. Area: 23 acres.) 

Corner Latitude. Longitude. 

Number. ° ' " ° * » 

1 39 09 54.72 75 21 25.68 

2 39 09 54.76 75 21 05.80 

3 39 09 48.32 75 21 04.64 

4 39 09 48.88 75 21 24.92 



EEPO&T OF SURVEY. 
ISAAC M. BURRIS. 

(Location: 3> / {> miles S. — y± E. of MahoDS River Light. Area: 15 acres.) 

Comer Latitude. Longitude. 

'Number. ° ' " " ' " 

1 39 OS 06.00 75 23 26.12 

2 39 08 08.12 75 23 12.6S 

3 39 08 02.44 75 23 10.2S 

4 39 08 00.48 75 23 23.84 



WM. L. BURRIS. 



(Local ion: 1% miles S. S. E. — V± E. of Mahons River Light. Area: 20 acres.) 

Corner Latitude. Longitude. 

Number. ° ' " 

1 39 09 45.12 75 22 57.28 

2 39 09 45.40 75 22 51.08 

3 39 09 28.92 75 22 49.56 

4 39 09 28.68 75 22 56.32 



WM. L. BURRIS. 



(Location: 2% miles S. E. — % E. of Millions River Light. Area: 18 acres.) 

Corner Latitude. Longitude. 

Number. ° ' ' 

1 39 09 47.84 75 21 1S.4S 

2 39 09 47.48 75 21 04.12 

3 39 09 40.92 75 21 03.40 

4 39 09 40.20 75 21 16.52 



OSCAR CANNON. 



(Location: 4 miles S. E. — y± E. of Mahons River Light. Area: 24 acres.) 

Corner Latitude. Longitude. 

Number. ' " ° ' " 

1 39 09 06.12 75 20 24.24 

2 39 09 06.84 75 20 15.60 

3 39 08 54.28 75 20 04.76 

4 39 08 51.68 75 20 13.12 



REPORT OF SURVEY. 79 

CAREY & HALL. 

(Location: 2% miles S. by E. — % E. of Mahons River Light. Area: 2<; acres.) 

Comer Latitude. Longitude. 

Number. ° ' " 

1 39 OS 58.92 75 23 04.04 

2 39 OS 59.8S 75 22 53.3:: 

3 39 OS 49.96 75 22 47.32 

4 39 OS 47.60. . 75 23 00.7G 



CAREY & HALL. 



(Location: 3% miles S. S. E.— % E. of Mahons River Light. Area: 2(i acres) 

Corner Latitude. Longitude. 

Number. ° ' " 

1 39 OS 30.12 75 21 36.4S 

2 39 08 31.92 75 21 27.60 

3 39 OS 20.72 75 21 25.12 

4 39 OS 1S.16 75 21 41.SS 



CAREY & HALL. 



(Location: 2% miles S. E. by E. of Mahons River Light. Area: 23 acres.) 

Corner Latitude. Longitude. 

Number. 

1 39 10 05.64 75 21 30.0S 

2 39 10 04.SS 75 21 17.36 

3 39 09 55.04 75 21 13.44 

4 39 09 55.04 75 21 25.72 



CAREY & HALL 



(Location: 2Ys miles S. S. E— % E. of Mahons River Light. Area: 12 acres.) 

Corner Latitude. Longitude 

Number. ° ° ' 

1 39 09 37.2S 75 22 40.4S 

2 39 09 37.48 75 22 29.10 

3 39 09 31.88 75 22 29.6S 

4 39 09 30.80 75 22 40.80 



so 



REPORT OF SU1JVEY. 
CAREY & TARBURTON. 



(Location: 4 1 / ,s miles E. S. E. — % E. of Millions River Light. Area: 127 acres.) 



Corner Latitude. 

X umber. 

1 39 10 34.S4 



Longitude. 



....75 19 32.88 

2 39 10 35.48 75 19 21.6S 

3 39 10 08.56 75 19 10.30 

4 39 10 01.88 75 19 33.20 

5 39 10 23.88 75 19 4S.04 

6 39 10 23.52 75 19 32.10 



CAREY & TARBURTON. 



(Location: 3 miles S. S. E. — % E. of Mahons River Light. Area: 19 acres.) 



Corner 

Number. 

1... 



Latitude. 



Longitude. 



39 09 02.8S 75 21 58.92 

2 39 09 03.80 75 21 50.80 

3 39 OS 51.SS 75 21 49.04 

4 39 OS 50.76 75 21 5S.40 



JOHN COONEY. 



(Location: HVi miles S. — % E. of Mahons River Light. Area: 537 acres.) 



Latitude. 



Longitude. 



Corner 
Number. 

1 39 06 41.6S 75 22 44.32 

2 39 06 47.12 75 22 22.2S 

3 39 06 19.24 75 22 06.S0 

4 39 06 20.24 75 21 

5 39 05 43.52 75 21 



0. 



51.40 
27.92 



39 05 26.84 75 22 10.80 

7 39 05 54.44 75 22 19.44 

8 39 05 53.52 75 22 31.S4 



REPORT OF SURVEY. 81 

CUMMINS & WILSON. 

(Locution: 3% miles E. S. E. — % E. of Millions River Light. Area: r>7 acres.) 

Corner Latitude. Longitude,. 

Number. ° ' " 

1 30 10 40.72 75 10 48.88 

2 30 10 48.52 75 10 32.68 

3 30 10 35.76 75 10 24.4S 

4 30 10 35.40 75 10 33.52 

5 30 10 24.20 75 10 33.60 

6 30 10 24.80 75 10 4S.04 



CUMMINS & WILSON. 

(Location: 4% miles S. — % E. of Mahons River Light. Area; 24 acres.) 

Corner Latitude. Longitude 

Number. 

1 30 07 32.64 75 23 22.44 

2 30 07 34.84 75 23 12.4S 

3 30 07 24.52 75 23 07.16 

4 30 07 21.4S 75 23 10.28 



CALEB T. DAVIS. 

(Locution: 3% miles S. E. — % E. of Mahons River Light. Area: 11 acres.) 

Corner Latitude. Longitude. 
Number. 

1 30 00 20.40 75 21 10.62 

2 30 00 32.32 75 21 12.44 

3 30 00 25.00 75 21 07.40 

4 30 00 23.24 75 21 14.40 



82 REPORT OF SURVEY. 

C. T. DAVIS. 

(Location: iy± miles S. by E. — % E. of Mahons River Light. Area: 3 acres.) 

Comer Latitude. Longitude. 

Number. ° ' " 

1 39 09 19.2S 75 22 58.7(5 

2 39 09 19.6S 75 22 55.20 

3 39 09 16.88 75 22 53.30 

4 39 09 14.40 75 22 57.6S 



JOHN W. DAVIS 



(Location: 3% miles S. E. by S. of Mahons River Light. Area: 21 acres.) 

Corner Latitude. Longitude. 

Number. ° ' " '" ' " 

1 39 09 04.0S 75 21 50.28 

2 39 09 05.21 75 21 42.48 

3 39 OS 53.48 75 21 38.80 

4 39 08 52.00 75 21 48.72 



JOHN W. DAVIS. 



(Location: 2% miles S. E. — ^ S. of Mahons River Light. Area: 12 acres.) 

Corner Latitude. Longitude. 

Number. ° ' " ° ' " 

1 39 09 26.40 75 21 49.12 

2 39 09 28.20 75 21 41.60 

3 39 09 19.28 75 21 39.24 

4 39 09 19.20 75 21 48.00 



JOHN W. DAVIS. 



(Location: 3 miles S. E. — 14 E. of Mahons River Light. Area: 9 acres.) 

Corner Latitude. Longitude. 

Number. ° ' " ° ' " 

1 39 09 34.64 75 21 23.6S 

2 39 09 37.52 75 21 15.72 

3 39 09 32.32 75 21 12.44 

4 39 09 29.40 75 21 19.62 



REPORT OF SURVEY. 83 

MARTIN B. DEVEREAUX. 

(Location: 2% miles S. E. — % E. of Millions River Light. Area: 43 acres.) 



Corner 


Latitude. 


Longi\ 


lude. 


Number. 


° 


/ 


" 


° 


' 


" 


1 


30 


09 


44.36 


75 


21 


45.52 


2 


31) 


00 
09 


45.75 .... 
40.48.... 


75 


21 
21 


34.58 


3 


39 


32.40 


4 


39 


00 


42.20. . . . 


75 


21 


22.16 


5 


39 


09 
00 


36.56. . . , 
33.96.... 


75 
....75 


21 
21 


20.84 


6 


39 


30.28 




39 


09 
00 


31.00 
30.52 


....75 
.... 75 


21 
21 


28.08 


8 


39 


42.16 



DONOHO & ROBINSON. 
(Location: 2% miles 8. by E. — % E. of Mahon River Light. Area: 13 acres.) 



Corner 


Latitude. 


Longitude. 


Number. 





i 


" 





' " 


1 


39 


08 






22 42.92 


2 


39 


08 


50.68.... 


....75 


22 33.S8 


3 


39 


OS 


42.56.... 


....75 


22 31.92 


4 


39 


OS 


41.64 


....75 


22 40.12 



MILTON A. DUFFIELD. 

(Location: 1% miles S. E. by E. of Mahons River Light. Area: 7 acres.) 

Corner Latitude. Longitude. 

Number. • ' • 

1 39 10 27.76 7f> 22 30.36 

2 39 10 29.60 75 22 23.60 

3 39 10 22.72 7f> 22 22.60 

4 39 10 23.68 75 22 29.96 



84 REPORT OF SURVEY. 

MILTON A. DUFFIELD. 

(Location: 2% miles S. E. by E. — % E. of Mahons River Light. Area: 7 acres.) 

Corner Latitude. Longitude. 

Number. ° ' 

1 39 10 12.04 75 21 31.52 

2 30 10 12.20 75 21 24.32 

3 39 10 06.08 75 21 22.4S 

4 39 10 06.40 75 21 2S.44 



C. W. ELTONHEAD. 



(Location: 3% miles S. E. — % E. of Mahons River Light. Area: 54 acres.) 

Corner Latitude. Longitude. 

Number. ' ° ' 

1 39 09 23.52 75 20 25.16 

2 39 09 26.56 75 20 11.68 

3 39 09 10.12 75 19 59.12 

4 39 09 07.34 75 20 18.64 



O. W. ELTONHEAD. 

(Location: 3% miles S. by E. of Mahous River Light. Area: 49 acres.) 

Corner Latitude. Longitude. 

N timber. ° ' " ° ' " 

1 39 07 51.24 75 22 40.52 

2 39 07 52.76 75 22 28.72 

3 39 07 32.60 75 22 21.20 

4 39 07 29.72 75 22 32.92 



FENEMORE & PARKER. 

(Location: 3 miles S. — % E. of Mahons River Light. Area: 18 acres.) 

Corner Latitude. Longitude. 

Number. • ' " ' " 

1 39 08 34.96 75 23 05.56 

2 39 08 36.27 75 22 58.S4 

3 39 08 24.88 75 22 54.72 

4 39 08 22.32 75 23 03.32 



REPORT OF SURVEY. 85 

FENEMORE & PARKER. 

(Location: 3% miles E.— % S. of Mahons River Light, Area: 13 acres.) 

Corner Latitude. Longitude. 

Number. ° ' " ° » » 

1 39 10 54.02 75 19 44.08 

2 39 10 57.28 75 19 37.32 

3 39 10 48.92 75 19 32.92 

4 39 10 45.08 75 19 39.70 



GEO. W. FLAOH. 



(Location: <;% miles S— % E. of Mahons River Light. Area: 33 acres.) 

Corner Latitude. Longitude. 

Number. ° ' " ° > » 

1 39 05 21.72 75 22 34.32 

- 39 05 23.80 75 22 10.68 

3 39 05 11.88 75 22 16.SS 

4 39 05 09.90 75 22 33.12 



GEO. W. FLAOH. 
(Location: 6% miles S.— y 4 E. of Mahons River Light. Area: 30 acres.) 

Corner Latitude. Longitude. 

Number. " ' " ° ' » 

1 39 05 18.88 75 22 53.5(5 

2 39 05 20.76 75 22 41.50 

3 39 05 09.28 75 22 38.40 

4 39 05 07.40 75 22 53.30 



JOS. M. GARRISON. 

(Location: 4'C, miles S. E. — % E. of Mahons River Light. Area: 107 acres.) 

Corner Latitude. Longitude. 

Number. ° ' " ° » 

1 :•... 39 09 0G.84 75 20 15.00 

2 39 09 09.24 75 19 57.50 

3 39 08 39.48 75 19 33.00 

4 39 08 32.48 75 19 44.48 



8G REPORT OF SURVEY. 

JOS. M. GARRISON. 

(Locution: 2% miles E. S. E. — Mj E. of Mahons River Light. Area: 42 acres.) 

Corner Latitude. Longitude. 

Number. ° ' " ° ' " 

1 39 10 41.32 75 20 51.96 

2 39 10 44.76 75 20 39.. r >2 

3 39 10 25.88 75 20 34.84 

4 39 10 25.32 75 20 47.92 



JOS. M. GARRISON. 

(Location: 2% miles E. by S. of Mahons River Light. Area: 3S acres.) 

Corner Latitude. Longitude. 

Number. " ' " ° ' " 

1 39 10 55.40 75 21 06.40 

2 39 10 56.32 75 20 54.4S 

3 39 10 41.32 75 20 51.96 

4 39 10 39.24 75 21 06.52 



HARRY HAGERTY. JR. 

(Location: 4*4 miles S. E. by E. — % E. of Mahons River Light. Area: 75 acres.) 

Corner Latitude. Longitude. 

Number. ° ' " ° ' " 

1 39 10 01.2S 75 19 32.88 

2 39 10 05.28 75 19 19.1L' 

3 39 09 45.60 75 19 13.44 

4 39 09 42.20 75 19 15.60 

5 39 09 30.56 75 19 10.12 

6 39 09 29.44 75 19 19.64 



HAGERTY & JOHNSON. 

(Ljoeation: 4% miles S. S. E. — y^ E. of Mahons River Light. Area: 27 acres.) 

Corner Latitude. Longitude. 

Number. ° ' " ° ' " 

1 39 08 04.28 75 21 39.76 

2 39 08 12.12 75 21 28.24 

3 39 07 59.92 75 21 23.20 

4 39 07 54.72 75 21 31.08 



REPORT OF SURVEY. 
M. P. HOWLETT. 



87 



(Location: 5% miles S. E. by E. of Mahons River Light. Area: 202 acres.) 



Corner 



Latitude. 



Longitude. 



Number. 

1 

2 

3 

4 39 08 34.G4 75 19 04.52 

5 39 OS 52.54 75 19 11.28 

6 39 08 58.26 75 is 53.72 



39 09 04.62 7". 18 57.12 

39 09 13.2G 75 18 27.92 

39 08 46.4S 75 18 20.2s 



M. P. HOWLETT. 



(Location: 5% miles S. by E. — y 2 E. of Mahons River Light. Area: 124 acres.) 



Corner 

Number. 



Latitude. 



Longitude. 



1 


39 


2 


39 


3 


39 


4 ?S9 


5 


39 


6 


39 




39 


8 


39 







OG 
06 
00 
00 
00 
00 
00 
00 
00 



47.20 75 21 

49.00 75 21 



42.2S 75 

30.72 75 

31.80 75 

15.56 75 

10.80 75 

25. IS 75 



21 
21 
21 
21 
21 
21 



24.12 75 21 



39.68 

22.7(5 
21. SS 
•_'1.04 
11.88 
00.96 
23.SS 
31.24 
35.04 



M. P. HOWLETT. 



(Local ion : 4 miles S. by E. — % E. of Mahons River Light. Area : 42 acres.) 

Corner Latitude. Longitude. 

Number. ° ' " ° ' 

1 39 07 52.88 75 22 28.20 

2 39 07 53.68 75 22 12.32 

.-{ 39 07 35.10 75 22 13.84 

4 39 07 32.00 75 22 21.20 



REPORT OF SURVEY. 

M. P. HOWLETT. 

(Location: 5% miles S. by E. of Mahons River Light. Area: 30 acres.) 



Corner 

X umber. 
1.. . 



3 39 00 



Latitude. 


Longitude. 

o t rt 


39 00 


49.20 


.... 75 


22 19.GS 


39 00 






22 07.72 


39 00 


40.70.... 


75 


22 03.32 


39 00 


36.20.... 


....75 


22 15.50 



M. P. HOWLETT. 
(Location: 2% miles S. S. E. — % E. of Mahons River Light. Area: 25 acres.) 

Comer Latitude. Longitude. 
Number. 

1 39 09 24.24 75 22 33.96 

2 39 09 26.80 75 22 20.72 

3 39 09 15.60 75 22 19.08 

4 39 09 12.88 75 22 28.76 



M, HUTHMAOHER. 

(Location: C>y 2 miles S. E. — Vt E. of Mahons River Light. Area: 180 acres.) 



Corner 


Latitude. 


Longitude. 


Number. 


o 


' 


" 


° 


/ 


" 


1 


39 


07 


46.92.... 


....75 


IS 


14.36 


o 


39 


08 
07 


oo.ss , 

47.92 


,75 
....75 


17 
17 


48.92 


3 


39 


39.84 


4 


39 


07 


42.72 .... 


75 


17 


53.64 


5 


39 


07 
07 


22.08 
14.72.... 


75 
....75 


17 

18 


44.24 





39 


07.68 


7 


39 


07 

07 


32.04 
30.28 


, ,75 
....75 


18 
IS 


21.12 


8 


39 


07.0S 



REPORT OF SURVEY. 
M. HUTHMACHER. 



89 



(Location: 5 miles S. E. by E— y 2 E. of Mahons River Light. Area: 60 acres.) 
Corner Latitude Longitude. 

-»T "I O / l> Off 

Number. 

1 39 09 30.28 75 IS 52.72 

2 39 09 32.55 75 18 38.04 

3 39 09 13.3G 75 18 34.60 

4 39 09 08.72 75 IS 52.04 



CHRISTIAN JOHNSON. 
Location'. 6 miles S. by E.— 14 E. of Mahons River Light. Area: 104 acres.) 

Longitude. 



Corner 


Latitu 


de. 


lumber. 


° 


/ 


" 


1 


39 


06 


09.90 


2 


39 


00 
06 
00 


15.08 


3 


39 


09.68 


4 


39 


11. S4 


5 


39 


05 
05 


51.84 


6 


39 


47.40 





...75 
. .75 




. .75 




...75 



21 
21 
21 
21 
21 
21 



42.60 
27.cn 
24.2s 
18.0S 
06.30 
29.20 



ELIZARETH JOHNSON. 



(Location: 5M> miles S. S. E.— % E. of Mahons River Light. Area: 74 acres.) 



Latitude. 



Longitude. 



Corner 
Number. 

1 39 07 06.16 75 20 36.SS 

2 39 07 11.28 75 

3 39 06 56.4S 

4 39 06 52.12 75 20 33.92 

5 39 06 39.30 75 20 32.4S 

C, 39 06 37.44 75 20 41.44 

7 39 06 56.68 7.1 

8 39 06 58.92. 



20 23.72 
I 20 16.52 



20 43.16 
75 20 34,12 



90 



REPORT OF SURVEY. 
WM. JOSLIN. 



{Locution: TVs miles S. — % E. of Mahons River Light. Area: 10 acres.) 

Latitude. Longitude. 



Corner 

Number. ° ' " ° 

1 39 05 01.4S 75 



22 32.81 
22 2G.S4 



2 39 05 03.52 75 

3 39 04 58.48 75 22 20.72 

4 39 04 54.52 75 22 28.48 



WM. JOSLIN. 



(Location: 7% miles S. — >V4 E. of Mahons River Light. Area: S acres.) 



Latitude. 



Longitude. 



Corner 
Number. 

1 39 04 27.32 75 22 33.1(5 

2 39 04 31.00 75 22 25.92 

3 39 04 27.12 75 22 22.44 

4 39 04 23.28 75 22 30.S4 



ROBT. KNIGHT. 



(Location: 4% miles S. of Mahons River Light. Area: 30 acres.) 

Latitude. Longitude. 



Corner 

Number. ° ' 

1 39 07 

2 39 07 

3 39 07 

4 39 06 



08.72 75 23 29.36 

11.52 75 23 18.20 

00.20 75 23 13.12 

55.68 75 23 26.04 



HARRY McGONIGAL. 



(Location: 2% miles E. S. E. — % E. of Mahons River Light. Area: IS acres.) 

Corner Latitude. Longitude. 

Number. ° ' " ° ' 

1 39 10 39.96 75 21 00.52 

2 39 10 41.32 75 20 51.90 

3 39 10 31.92 75 20 49.SS 

4 39 10 29.96 75 21 01.64 



REPORT OF SURVEY. 91 

A. S. MOOR, BRO. & CARROW. 
(Location: 2% miles S. E.— % S. of Mahons River Light. Area: 3S acres.) 
Corner Latitude Longitude. 

v , or" or" 

Number. 

1 39 09 17.60 75 21 51.68 

2 39 09 18.04 75 21 38.76 

3 39 09 08.36 75 21 35.16 

4 39 00 04.68 75 21 57.72 

5 39 09 13.52 75 21 57.70 

6 39 09 14.32 75 21 50.24 



A. S. MOOR, BRO. & CARROW. 
(Location: 1% miles S. E — % E. of Mahons River Light. Area: 21 acres.) 
Corner Latitude. Longitude. 

-it %. o r ir o ' 

Number. 

1 39 10 10.90 75 22 20.12 

2 39 10 12.08 75 22 12.56 

3 39 09 58.08 75 22 09.4S 

4 39 09 57.00 75 22 1S.40 



A. S. MOOR, BRO. & CARROW. 

(Location: 2% miles S. E. by E — % E. of Mahons River Light. Area: 14 acres.) 
Corner Latitude. Longitude. 

, T , o r rr o r rr 

Number. 

! 39 10 23.96 75 20 59.92 

2 39 10' 24.76 75 20 51.12 

3 39 10 15.52 75 20 51.12 

4 39 10 15.34 75 20 59.32 



AARON MORRIS. 

(Location: 4 miles S. by E.— % E. of Mahons River Light. Area: 40 acres.) 
Corner Latitude. Longitude. 

o r rr o r rr 

Number. 

! 39 07 54.00 75 22 11.90 

o 39 07 55.84 75 22 01.00 

3 39 07 42.40 75 21 55.88 

4 39 07 35.64 75 22 12.00 



92 



REPORT OF SURVEY. 



(Location: 2% miles S. E. 



JAS. MUNCEY. 
y± S. of Mahons River Light. Area : 3G acres.) 
Latitude. Longitude. 



Corner 

Number. ° ' 

1 39 09 29.24 75 21 40.80 

2 39 09 30.72 75 21 21.30 

3 39 09 23.20 75 21 14.80 

4 39 09 19.3G 75 21 38.40 



JAS. MUNCEY. 

(Location: 2% miles S. E. — % S. of Mahons River Light. Area: 9 acres.) 

Corner Latitude. Longitude. 

Number. ° ' " 

1 39 09 22.36 75 22 02.92 



2 39 09 24.00 75 21 5S.64 

3 39 09 18.92... 



...75 21 55.6S 

4 39 09 18.2S 75 22 02.24 

5 39 09 13.24 75 22 01.44 

6 39 09 13.S0 75 22 06.2S 

7 39 09 17.64 75 22 07.04 



WM. J. MUNCEY. 

(Location: 2% miles S. S. E. — % E. of Mahons River Light. Area : S acres.) 



Latitude. 



Longitude. 



Corner 
Number. 

1 39 09 10.56 75 22 37.10 

2 39 09 12.12 75 22 31.04 

3 39 09 05.44 75 22 29.10 

4 39 09 04.40 75 22 36.12 



JAS. P. NIEUKIRK. 

(Location: 3 miles E. S. E. of Mahons River Light. Area: 122 acres.) 

Corner 
Number. 

1 

2 

3 

4 



Latitude. 

o r ft 

39 10 25 08 


Longitude. 

Of" 

..75 20 47.12 


39 10 24 84 . 


..75 20 15.56 


39 10 01.64, 
39 10 05.S4 


75 20 08.56 
75 20 41.08 



REPORT OF SURVEY. 
PETER R. PAINTER. 



98 



(Locution: 6% miles S — % E. of Mahons River Light. Area: 185 aires.) 



Corner 



Latitude. 



Longitude. 



Number. 

1 39 05 50.32 75 22 59.60 

2 39 05 52.24 75 22 20.0S 

3 39 05 28.48 75 22 13.40 

4 39 05 27.44 75 23 00.72 



JOHN C. PETERSON. 



(Location: 6y 8 miles S. E. — % E. of Mahons River Light. Area: 124 acres.) 



Latitude. 



Longitude. 
18 35.88 



Corner 
Number. 

1 39 07 57.12 75 

2 . 39 08 07.80 75 18 00.36 

3 39 07 56.72 75 17 57.32 

4 39 07 46.92 75 18 14.96 

5 39 07 36.4S 75 IS 08.36 

6 39 07 32.40 75 IS 21.52 



JOHN C. PETERSON. 



'.Location: 5% miles S. by E— % E. of Mahons River Light. Area; S7 acres.) 



Corner 
Number. 

1 


L( 
39 


ititu 

06 
06 
06 
06 
00 
06 
06 
06 
06 
06 


de. 

43.72 
46.64 
47.16 . . . 
23.84 


Li 

o 

. . . .75 
75 
75 

.... 75 


mgii 

> 

21 
21 
21 
21 
21 
21 
21 
21 
21 
21 


ude. 

51.36 


2 


39 


45.96 


3 


39 


40.05 


4 


39 


36.00 


5 


39 


31.52 


6 


39 


15.64. ... 

10.48 

20.36 

31.44 

31.52.... 


.... 75 

.... 75 

75 

. . . .75 

....75 


28.12 




39 


43.20 




39 


50.S8 




39 


49.00 




39 


47.SS 



94 REPORT OF SURVEY. 

LIZZIE PETERSON. 

(Locution: 4% miles S. E. by E. — % E. of Millions Riven Light. Area : (iO acres.) 

Corner Latitude. Longitude. 

Number. ° ' " ° ' " 

1 39 09 29.16 75 19 15.SS 

2 39 09 29.62 75 19 09.12 

3 39 OS 58.28 75 IS 55.24 

4 39 08 55.24 75 19 06.90 



LIZZIE PETERSON. 



(Location: 4% miles S. — % E. of Mahous River Light. Area: 20 acres.) 

Comer Latitude. Longitude. 

Number. • ' " ' 

1 39 07 40.72 75 22 46.96 

2 39 07 42.80 75 22 3S.40 

3 39 07 30.28 75 22 33.S4 

4 39 07 28.48 75 22 41.4S 



HARVEY RAWLEY. 



(Locution: 4% miles S. — % E. of Mahons River Light. Area: 3 acres.) 

Comer Latitude. Longitude. 
Number. ' " ' " 

1 39 07 21.68 75 23 16.36 

2 39 07 22.92 75 23 11.84 

3 39 07 19.28 75 23 11.0S 

4 39 07 1S.4S 75 23 16.56 



ROBERT B. REYNOLDS. 

(Location: 2% miles E. S. E. — % E. of Mahons River Light. Area: 12 acres.) 

Corner Latitude. Longitude. 

Number. ° ' " " ' " 

1 39 10 29.88 75 21 01.12 

2 39 10 31.52 75 20 49.92 

3 39 10 25.44 75 20 49.16 

4 39 10 24.76 75 21 00.76 



REPORT OF SURVEY. 95 

ROBERT B. REYNOLDS. 

(Local ion: 1% miles E. S. E. of Mahons River Light. Area: 1 acre.) 

Corner Latitude. Longitude. 

Number. ° ' " 

1 30 10 43.52 75 22 24.20 

2 30 10 42.24 75 22 22.12 

3 30 10 41.52 75 22 24.40 

4 30 10 42.40 75 22 25.56 



GEO. S. RICHARDSON. 

(Location: 1% miles S. E. of Mahons River Light. Area: 17 acres.) 

Corner Latitude. Longitude. 

Number. ° ■' " ' 

1 30 10 07.52 75 22 30.76 

2 30 10 06.4S 75 22 22.40 

3 30 00 57.84 75 22 22.32 

4 30 00 56.S0 75 22 33.52 



GEO. S. RICHARDSON. 

(Location: 2% miles S. E. by E. — % E. of Mahons River Light. Area : 13 acres.) 

Corner Latitude. Longitude. 

Number. 

1 30 10 05.04 75 21 16.06 

2 30 10 05.16 75 21 10.20 

3 30 00 55.16 75 21 06.16 

4 30 00 55.16 75 21 13.08 



RICHARDS & EARL. 

(Location: 2% miles S. E. by E — % E. of Mahons River Light. Area : :> acres.) 

Corner Latitude. Longitude 

Number. 

1 30 10 28.88 75 21 49.56 

2 30 10 28.84 75 21 41.84 

3 30 10 23.08 75 21 40..V2 

4 30 10 23.12 75 21 40.56 



96 REPORT OF SURVEY. 



FRANK B. ROBBING. 

(Location: 2^4 miles S. E. by E. — % E. of Mahons River Light. Area: 58 acres.) 

Corner Latitude. Longitude. 

Number. b ' w ° ' 

1 39 10 22.50 75 21 49.40 

2 39 10 22.32 75 21 36.92 

3 39 09 59.52 75 21 27.96 

4 39 09 57.2S 75 21 41.20 



FRANK B. BOBBINS. 

(Location,: 3% miles E. — % S. of Mahons River Light. Area: 40 acres.) 

Corner Latitude. Longitude. 

Number. ° ' " ° ' " 

1 39 11 03.28 75 20 01.08 

2 39 11 04.6S 75 19 50.32 

3 39 10 45.76 75 19 40.56 

4 39 10 42.60 75 19 50.40 



FRANK B. ROBBINS. 

(Location: 3% miles S. E. by S. of Mahons River Light. Area: 38 acres.) 

Corner Latitude. Longitude. 

Number. ' " ° 

1 39 08 53.28 75 21 38.00 

2 39 08 56.52 75 21 20.32 

3 39 08 45.04 75 21 20.60 

4 39 08 39.72 75 21 35.96 



EEPOET OF SURVEY. 1)7 

T. A. ROGERS, SOX & CAREY. 

(Location: 4% miles S. by E. — ^ 10. of Mahons River Light. Area: 140 acres.) 

Corner Latitude. Longitude. 

Number. ° ' " 

1 30 07 12.32 75 21 57.84 

2 30 07 14.60 75 21 40.Cs 

3 30 07 00.24 75 21 45.16 

4 30 07 02.72 75 21 25.G0 

5 30 07 00.72 75 21 24.44 

6 30 07 05.52 75 21 11. 84 

7 30 00 58.68 75 21 08.SS 

8 30 07 01.56 75 21 01.65 

30 06 54.36 75 20 58.68 

10 30 06 50.6S 75 21 10.72 

11 30 06 45.56 75 21 07.72 

12 30 06 42.48 75 21 21.30 

13 30 06 50.80 75 21 22.60 

14 30 06 46.88 75 21 46.28 

15 30 06 59.88 75 21 47.6s 

16 39 06 58.08 75 21 54.48 

'' ! VW\\ 



T. A. ROGERS, SON & CAREY. 

(Location: 2y 2 miles E. S. E. of Mahons River Light. Area: 73 acres.) 

Corner Latitude. Longitude. 

Number. ' ' 

1 30 10 32.20 75 21 20.SS 

2 39 10 32.48 75 21 10.72 

3 39 10 25.84 75 21 10.12 

4 39 10 27 08 75 21 06.34 

5 30 10 07.24 75 20 57.20 

6 30 10 05.32 75 21 21.28 

7 30 10 13.84 75 21 23.76 

8 30 10 14.52 75 21 13.28 

30 10 24.44 75 21 15.00 

10 30 10 23.52 75 21 10.20 



98 REPORT OF SURVEY. 

T. A. ROGERS, SON & CAREY. 

(Locution: 3 miles S. S. by E. of Mahons River Light. Area: 51 acres.) 

Corner Latitude. Longitude. 

X umber. 

1 39 09 54.20 75 21 03.32 

2 39 09 57 48 75 20 43.56 

3 39 09 43.56 75 20 37.32 

4 39 09 41.12 75 20 51.16 

5 39 09 45.0S 75 20 CiS.SS 



T. A. ROGERS. SON & CAREY. 

(Location: 5% miles S. — % E. of Mahons River Light. Area: 33 acres. 

Corner Latitude. L,ongitudc. 

Number. 

1 39 06 39.00 75 22 58.44 

■2 39 06 40.08 75 22 46.72 

3 39 06 25.24 75 22 43.S4 

4 39 06 23.88 75 22 56.04 



T. A. ROGERS, SON & CAREY. 

(Locution : 2% miles S. E. — % S. of Mahons River Light. Area : 30 acres.) 

Corner Latitude. Longitude. 

Number. ° ' " 

1 39 09 56.88 75 22 18.52 

2 39 09 57.16 75 22 07.88 

3 39 09 44.20 75 22 05.52 

4 39 09 42.40 75 22 19.24 



T. A. ROGERS, SON & CAREY. 

(Location : 1% miles S. E. — % S. of Mahons River Light, Area : 29 acres.) 

Corner Latitude. Longitude. 

Number. * ' " ' 

1 39 09 54.76 75 22 38.32 

2 39 09 54.48 75 22 29.48 

3 39 09 38.40 75 22 29 88 

4 39 09 37.76 75 22 40.40 



REPORT OF SURVEY. !)9 

T. A. ROGERS, SON & CAREY. 

(Locution: 4% miles S. — % E. of Millions River Light. Area: 28 acres.) 

Corner Latitude. Longitude. 

X umber. ° ' " ° ' " 

1 39 (>T 23.10 7."> 23 11.40 

2 30 07 20.72 7.") 22 m.02 

3 30 07 1X.02 75 22 51.0-1 

4 30 07 15.4S 75 23 00 .so 



T. A. ROGERS. SON & CAREY. 

{Location: 5% miles S. E. — V s S. of Mahons River Liicht. Area: 20 acres ) 

Comer Latitude. Longitude. 

Number. ° ' " 

1 30 OS 02.4S 75 10 17.0S 

2 30 OS 04.95 75 18 58.00 

3 30 07 57.27 75 18 52.00 

4 30 07 50.00' 75 10 10.52 



SCHOCH & ANOLI). 
(Location: 5 1 / 4 miles S. S. E. of Mahons River Light. Area: 240 acres.) 



Corner 

Number. 

1 


Li 

O 

30 


it it ii 

07 
07 
(17 
07 
00 
00 
06 
06 
06 
00 
00 
06 
06 
06 
00 
06 
00 
00 
07 
06 


de. 

20.S4 
13.4S. ... 
06 40 


L( 

. . . .75 
. . . .75 


mgii 

21 
20 
20 
20 
20 
20 
20 
20 
20 
20 
20 
20 
21 
21 
21 
21 
21 
20 
21 
21 


ude. 
11.88 


■ ) 


89 


"4.72 


3 . 


39 


19.80 


4 


39 


37 44 


5 


39 


58.92. . 




34.24 


(! 


30 


57.36.... 
47.12 


.... 75 


44.30 




39 


45.5" 




.",0 


4712.. 




40 7 -> 


!> 


30 


36.52 

27.52 

27 40 . . 


75 
.... 75 


41.8S 


10 

11 


30 

30 


50.04 

48.84 


1° 


39 

39 


58 40 


13 


35.08 




00.72 


14 


39 

39 

. . 39 


31.50. . 




20 32 


15 


4 1 .88 




21 20 




45.12 


75 


( it ; 6 1 




39 


5040. . . . 




09 so 


18 

]0 


39 

39 

39 


54.00.... 
02 3"' 


.... 75 


57.52 
01 24 


20 


59.12 


. . . .75 


08 is 



100 



REPORT OF SURVEY. 



SCHOCH & A NOLI). 

(Location : 2% miles E. by S. of Mahons River Light. Area: 56 acres.) 

Corner Latitude Longitude. 

Number. ° ' " ° ' 

1 39 10 56.32 75 20 r>4.48 

2 89 10 r>s.44 75 20 80.00 

3 39 10 4S.1G 75 20 29.20 

4 39 10 41.32 75 20 51.9(3 



SCHOCH & ANOLD. 
{Location'. 8% miles S. — % W. of Mahons River Light. Area: 53 acres.) 



Corner Latitude. 

Number. ' " 

1 39 07 47.4s . 

2 89 07 51.60. 

3 39 07 34.30. 

4 39 07 81.04. 

5 30 07 41.70. 

t; 80 07 41.24. 



Longitude. 

23 38.88 

23 1S.30 

23 16.04 

23 30.24 

23 81 .00 

28 8S.4S 



SCHOCH & ANOLD. 



{.Location: 4% miles S. by E. — % E. of Mahons River Light. Area : 52 acres.) 



Corner Latitude. Longitude. 

Number. ° ' " ° ' * 

1 39 07 34.32 75 22 08.52 

2 39 07 37.32 75 21 59.60 

8 39 07 17.88 75 21 44.40 

4 39 07 12.50 75 21 57.72 



REPORT OF SURVEY. 101 

SEMERTEEN & LODGE. 

i Locution: 2% miles s. E— % F>. of Mahons River Light. Area: 83 acres.) 

Corner Latitude. Longitude 
Number. 

1 3!) - 10 13.1G 75 21 57.1S 

2 39 10 13.1(5 7"> 21 40.7(5 

.'! 39 09 53.7(5 75 21 40.70 

4 39 09 55.05 75 21 2(5.02 

5 39 OO 40.24 75 21 26.28 

G 39 09 43.28 75 21 22.48 

7 39 09 42.52 75 21 31.32 

8 39 09 48.80 75 21 34.3(5 

9 39 09 45.80 75 21 53.12 

1U 39 10 07.8S 75 21 5(5.04 



SEMERTEEN & LODGE. 
(Location: :> miles S. E. — % E. <>1" Mahons River Light. Area: 47 acres.") 

Comer Latitude. Longitude. 

X umber. 

1 39 09 1S.12 75 21 37.00 

2 39 09 19.(58 75 21 07.04 

:; 39 00 11.52 75 21 04.72 

4 39 09 08.84 75 21 .°>:5.12 



SEMERTEEN & LODGE. 

(Location: 5% miles S. E. of Mahons River Light. Area: 25 acres.") 

Corner Latitude. Longitude. 

Number. ' ' 

1 39 08 15.24 75 19 24.44 

2 39 08 17.96 75 19 11.90 

3 39 OS 06.16 75 19 08.00 

4 39 08 04.96 75 19 18.04 



102 



REPORT OE SURVEY. 
WM. SHILLING SBURG. 



(Location: 4% miles S. by E. — % E. of Mahons River Light. Area: 573 acres.) 



Corner 
Number. 



Latitude. 



Longitude. 



1 


39 


2 39 


3 


39 


4 


39 


5 


39 





39 


7 


39 


s . . 


39 


9 


39 


10 


39 


11 


39 



07 
07 
08 
U7 
U7 
U7 
07 
07 
07 
07 
07 



39.08 7.1 

54.48 75 

07.10 75 

49.00 75 

44.08 75 

20.08 75 

09.88 75 

00.04 75 

00.52 75 

14.96 75 

17.30 75 



21 
21 
21 
20 
20 
20 
21 
21 
21 
21 
21 



59.44 
29.70 
08.76 
48.50 
54.10 
32.8S 
14.30 
11.92 
44.72 
49.12 
42.88 



WM. SHILLINGSBURG. 

(Location: 5% miles S. by E. of Millions River Light. Area: 78 acres. 1 



Corner Latitude. 
Number. 

1 39 06 35.08 

2 39 06 43.32 

3 39 06 31.92 

4 39 08 31.80 

5 39 06 20.64 

6 39 06 19.44 



Longitude. 

.7.". 22 15.28 

.75 21 51.00 

.7."> 21 4S.40 

.7."> 21 49.24 

.7.". 21 51.28 

. 75 22 06.48 



WM. SHILLINGSRURG. 

(Loeation : 5% miles S. E. — y s S. of Mahons River Light. Area: 05 acres.) 

Corner Latitude. Longitude. 

Number. ° ' " 

1 39 07 54.70 75 19 09.02 

2 39 07 5G.2S 75 18 53.4S 

3 39 07 33.90 75 18 30.32 

4 39 07 31.24 75 IS 48.0S 



REPORT OP SURVEY. L03 

WM. SHILLING SBURG. 

(Locution: 6% miles S. E. — % S. of Millions River Light. Area: 30 acres.) 

Vomer Latitude. Longitude. 

Number. 

1 39 07 15.20 75 18 32.52 

2 39 07 18.60 75 18 23.04 

3 39 07 05.20 75 18 14.6S 

4 39 07 02.36 75 IS 27.9(5 



WM. SHILLIMGSBURG. 

{Location: 2% miles S. S. E — % E. of Mahons River Light. Area: 9 acres.) 

Corner Latitude. Longitude. 

Number. 

1 39 09 08.80 75 22 17.12 

2 39 09 09.80 75 22 11.28 

3 39 09 03.20 75 22 09.10 

4 39 09 01.08 75 22 16.24 



ROY SLAUGHTER. 

(Location: 3*4 miles S. S. E.— % E. of Mahons River Light. Area: 41 acres.) 

Corner Latitude. Longitude. 

Number. 

1 39 ON 50.20 75 21 58.04 

2 39 OS 51.12 75 21 47.40 

3 39 08 28.24 75 21 50.16 

4 39 08 28.92 75 22 00.32 

5 39 08 36.48 75 22 01.52 

6 39 OS 39.92 75 21 58.32 



K()Y SLAUGHTER. 

(Location: 3% miles S.— % E. of Mahons River Light. Area: 4 acres.) 

Comer Latitude. Longitude. 

Number. 

1 39 OS 11.72 75 23 10.00 

2 39 08 14.0S 75 23 13.60 

3 39 08 09.44 75 23 12.88 

4 39 OS 08.56 75 23 17.24 



104 REPORT OF SURVEY. 

HOWARD \V. SOCKWELL. 

(Location: 3% miles S. by E. — % E. of Mahons River Light. Area: 52 acres. ) 

Corner Latitude. Longitude. 

X umber. ° ' " ° ' " 

1 39 OS 08.52 75 22 15.90 

2 39 OS 19.52 75 21 56.52 

3 39 OS 09.30 75 21 49.12 

4 39 07 57.76 75 22 06.72 



HOWARD W. SOCKWELL. 

(Location: 0% miles S. E. — i/i E. of Mahons River Light. Area: 48 acres.) 

Corner Latitude. Longitude. 

Number. ° ' " ° ' " 

1 39 07 38.04 75 17 49.64 

2 39 07 39.76 75 17 40.20 

3 39 07 18.40 75 17 33.56 

4 39 07 12.32 75 17 45.68 

5 39 07 18.80 75 17 52.0S 

6 39 07 21.64 75 17 43.20 



ELMER E. TARBURTON. 

(Location: A miles S. — % E. of Mahons River Light. Area: 101 acres.) 

Corner Latitude. Longitude. 

Number. " ° 

1 39 07 43.20 75 23 15.52 

2 39 07 51.20 75 22 52.12 

3 39 07 28.48 75 22 41.92 

4 39 07 24.72 75 23 06.44 



WM. TARBURTON. 



(Location: 2 miles S. — % E. of Mahons River Light. Area: 5 acres.) 

Corner Latitude. Longitude. 

Number. ' " ' " 

1 39 09 28.36 75 23 30.40 

2 39 09 2S.48 75 23 23.12 

3 39 09 25.16 75 23 22.72 

4 39 09 24.92 75 23 29.84 



BE PORT OP SURVEY, 



101 



GEO. L. TURNER. 
(Location: 3U miles S. E. — % E. of Mahons River Light. Area: ."54 acres.) 

Corner Latitude. 

Number. ° ' ' 

1 39 09 39.40 

2 39 09 43.72 

3 39 09 35.64 

4 39 09 31.48 

5 39 09 35.52 

39 09 33.80 



/, 


ongii 


ude. 


75 


20 


55.72 


T-") 


20 


34.28 


75 


20 


29.64 


75 


20 


42.96 


7.", 


20 


40.60 


75 


20 


53.56 



GEO. L. TURNER. 

(Locution: SVs miles E. S. B. — % E. of Mahons River Light. Area: 26 acres, i 

Comer Latitude. Longitude. 

Number. ° ' " ° ' " 

1 39 10 44.6S 75 20 38.96 

2 39 10 46.S8 75 20 31.68 

3 39 10 2S.96 75 20 26.00 

4 39 10 29.08 75 20 35.00 



GEO. L. TURNER. 



(Location: 2% miles S. S. E. of Mahons River Light, Area: 19 acres.) 

Corner Latitude. Longitude. 

Number. ° ' " ° ' " 

1 39 09 22.16 75 22 47.r,G 

2 39 09 23.32 75 22 37.2S 

3 39 09 14.56 75 22 33.84 

4 39 09 13.48 7.". 22 46.68 



GEO. L. TURNER, 



(Location: 2*4 miles S. E — % S. of Mahons River Light. Area: 10 acres.) 

Comer Latitude. Longitude. 

Numoer. ° ' " ' 

1 39 09 42.48 75 22 15.12 

2 39 09 43.6S 75 22 06.00 

3 39 09 37.72 75 22 04.6s 

4 39 09 36.60 75 22 12.48 



106 



REPORT OF SURVEY. 



WINSMORE & WALLS. 

(Location: 5'._. miles S. E. — % E. of Mahons River Light. Area: 242 acres.) 

Corner Latitude. Longitude 

Number. ° ' " ° ' " 

1 39 08 37.48 75 Is 49.04 

2 39 OS 45.28 jr. IS 1D.32 

3 39 08 11.52 75 18 06.36 

4 39 07 57.12 75 IS 40.84 



WINSMORE & WALLS. 



(Location: 4% miles S. — % E. of Mahons River Light. Area: 162 acres.) 



Latitude. 



Corner 

Number. ° ' 

1 39 07 

2 39 07 



3 39 06 

4 39 06 



10.92 
12.40 
57.76 

59.20 



39 06 46.72 



6 39 06 41.12 

7 39 06 53.88 

S 39 06 47.80 



Longitude. 

.75 22 32.04 

. 75 21 5S.32 

.75 21 54. SO 

.7.". 21 48.00 

.75 21 46.64 

. 75 22 02.2S 

.75 22 07.12 

.75 22 26.S4 



WINSMORE & WALLS. 



(Location: A% miles S. E. — % E. of Mahons River Light. Area : 61 acres.) 

Corner Latitude. Longitude. 

Number. ° ' " ° ' " 

1 39 08 32.48 75 19 41.40 

2 39 08 40.28 75 19 27.12 

3 39 OS 19.56 75 19 14.72 

4 39 08 16.08 75 19 29.20 



REPORT <>K SURVEY. 107 

WINSMORE & WALLS. 

(Location : 2% miles s. E. by IL — ' , E. of Millions River Light. Area: 22 acres.) 

Corner Latitude. Longitude. 

Number. 

1 39 10 05.16 75 21 10.20 

2 30 10 06.44 7.", 20 58.72 

3 39 09 56.32 7. r , 20 53.52 

4 39 09 54.20 75 21 03.32 



GEO. H. WOODALL. 

(Location: 3VS miles S. s. E. — % E. of Marions River Light. Area: 28 acres.) 

Comer Latitude. Longitude. 

Number. 

1 3D 08 52.20 75 22 10.28 

2 l\» os 55.68 75 22 00.6S 

3 39 OS 40.1G 75 21 58.76 

4.... 39 OS 35.36 75 22 06.70 



CEO. II. WOODALL. 

(Location: 1% miles S. — % E. of Millions River Light. Area: Hi acres.) 

Corner Latitude. Longitude. 

Vumber. ' ' 

1 39 07 27.72 75 22 41 .44 

2 39 07 28.88 75 22 33.88 

3 39 07 17.00 75 22 31.72 

4 39 07 15.40 75 22 38.0S 



A 



108 REPORT OF SURVEY. 



WM. B. WOODALL. 

[Location: 3 1 /! miles S. S. E. — % E. of Mahons River Light. Area: 44 acres.) 

Corner Latitude. Longitude. 

Number. ° ' " ° ' 

1 39 OS 51.52 75 21 47.04 

2 39 OS 53.00 75 21 3S.72 

3 39 OS 30.52 75 21 36.52 

4 39 OS 2S.52 75 21 49.76 



FRANK S. YORK. 

(Location: 3% miles S. E. — % S. of Mahons River Light. Area: 40 acres.) 

Corner Latitude. Longitude 

Number. ° ' " 

1 39 09 06.84 75 21 41.32 

2 39 09 09.12 75 21 26.72 

3 39 08 57.24 75 21 20.36 

4 39 OS 53.64 75 21 38.32 



L. E. YATES. 

(Location : 3Vi miles S. E. by E. — y 2 E. of Mahons River Light. Area : 43 acres.) 

Corner Latitude. Longitude. 

Number. ' " " ' 

1 39 ]0 05.08 75 20 40.96 

2 39 10 00.36 75 20 OS.OO 

3 39 09 51.64 75 20 04.92 

4 39 09 59.44 75 20 40.04 



^^^^Oic^r: 



LRBAp'13 



5\\3 

.1)3 M 



ttvYi 




l r „ 



\ 



V. 



\\ \ \ • 



+ 



\, \ 



v \ 
\. i 

' &£lbo~ or Crass Ledge Lighl\ » 

•■ ■ ■-• •- ,. \\ \ \ x 

\ \*t \W \ \ , \ V \NX\\\ 

w 1 v%\\n \ \ \A\\M\ 



r . - + | \ 



\\ \ • ■ ■ r \ 

■ , \ M V \/X. \\\ \ V 
^ X \ X -X. <\\ \ x \ 

"\ \ \ X. \ \ \ \ 

\ *x. \\\\\ x o 






vv\ \ \ \ 

V\\vAV,\ 



CHART OF I 

LEASED OYSTER BOTTOMS 

L DELAWARE BAY 

I 
y/ STATE OF DELAWARE 

( 

^» SURVEYED BY 

\ DELAWARE OYSTER SURVEY COMMISSION 
l" i 1910 




otctjwt SIMEON S. PENNEWILL, CHair 
Senator AlA'ANR. CONNER, SecreLarj 

Senator JOHN WSHELD RAKE 

Representative WALLER DONOtTO 

Representative ALFRED L. AINSCOW 





1 1 


i i>. 


InwareOyaW 


1 


\1 


I 


J.BUTL 


\ 


\\ 


\. 


X 




L \ 




\\ 



i \ \ \ f\ 



A \ l \ S\ !. \ VSV \ 

W v / \ A\ v Xx 



/ 



1 \ 






« - 



\ -p T"\ 



X 



-N>, 



\\ 



V \ \ 






v XX \ 



\ \ \ \ \ \ 

\ V\A \ \ 



\\ X' ! V\ i 

VX." • N o v\ 

C. 0. YATES. VSCo°'t and tad^Su 







B 



. ■: 




. 












+ 















. 









4- 



. 






-. • • • 



1 * 

I \ H..,. S I 

TWanfulM \ omputar* 

'•■"■'>» - "■■' - • ■ i.i.. Surx 

l 



I Goodaf 



I M Mil. I. -II.. I .- .1 ..,„ 
• vi . .... I - . ,,., , 

BnxUI IIU<J I i.,, 

•• Sunn ) 




• SurVQ? | 



. ^... 



] 



■ 






d a i^i,« 



r J2 



